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FRANK H. GIBSON, INC. v. OMAHA COFFEE COMPANY

No. 35793.

133 N.W.2d 462 (1965)

178 Neb. 329

FRANK H. GIBSON, INC., a Corporation, Appellant-Cross-Appellee, v. OMAHA COFFEE COMPANY, a Corporation, et al., Appellees-Cross-Appellants.

Supreme Court of Nebraska.

February 26, 1965.

Attorney(s) appearing for the Case

Pilcher, Howard & Hickman, Omaha, for appellant.

Fraser, Stryker, Marshall & Veach, Omaha, for appellees.

Heard before WHITE, C. J., CARTER, SPENCER, BOSLAUGH, BROWER, JJ., and POLLOCK and SIDNER, District Judges.

SIDNER, District Judge.

Plaintiff Frank H. Gibson, Inc., is a corporation, which for many years had been engaged in selling tea and coffee to institutions in the Omaha area. The principal stockholder and president was Edgar J. Bellows. The defendant Kenneth Loseke was the owner of a small interest of stock in the company, and was the nominal secretary, although the record shows that he had no part in determining company policy. Loseke was in charge of a force of four...

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