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WINCHELL v. NATIONAL BANK OF COMMERCE T. & S. ASS'N

No. 36505.

152 N.W.2d 1 (1967)

181 Neb. 870

Kenneth WINCHELL, d/b/a Premier Mineral Upgrading Company, Appellant, v. NATIONAL BANK OF COMMERCE TRUST AND SAVINGS ASSOCIATION, a corporation, Appellee.

Supreme Court of Nebraska.

June 23, 1967.

Attorney(s) appearing for the Case

Matthews, Kelley & Cannon, Martin A. Cannon, Omaha, for appellant.

Mattson, Ricketts & Gourlay, Lincoln, for appellee.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, SMITH, McCOWN, and NEWTON, J J.

WHITE, Chief Justice.

This is a jury-waived law action, in which the district court, as the fact finder, found against the plaintiff on the issue of whether the defendant bank, in violation of its agreement and instructions, had negligently transferred bank funds to another bank without restricting the right of withdrawal in plaintiff. On appeal we affirm the judgment.

The judgment of the district court on this issue has the same force as a jury

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