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FIRST NATIONAL BANK OF WAYNE v. GROSS REAL ESTATE CO.

No. 33915.

75 N.W.2d 704 (1956)

162 Neb. 343

FIRST NATIONAL BANK OF WAYNE, Appellant, v. GROSS REAL ESTATE COMPANY, a Corporation, Victor L. Gross and Frank Gross, Appellees.

Supreme Court of Nebraska.

March 30, 1956.

Attorney(s) appearing for the Case

Collins & Collins, Omaha, Burr R. Davis, Wayne, for appellant.

Shrout & Brown, Omaha, William Keeshan, Albion, for appellees.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, CHAPPELL and WENKE, JJ.

YEAGER, Justice.

This is an action at law for damages by the First National Bank of Wayne, Nebraska, plaintiff and appellant, against Gross Real Estate Company, a corporation, Victor L. Gross, and Frank Gross, defendants and appellees.

The action was presented to the court on a second amended petition filed by the plaintiff and a motion of the defendants for a summary judgment. The motion for summary judgment was...

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