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CENTRAL SAVINGS BANK v. FIRST CADCO CORPORATION

No. 37574.

181 N.W.2d 261 (1970)

186 Neb. 112

CENTRAL SAVINGS BANK in the City of New York, a Corporation, Appellee, Cross-Appellant, v. FIRST CADCO CORPORATION, a Corporation, Appellant, Cross-Appellee.

Supreme Court of Nebraska.

November 13, 1970.

Attorney(s) appearing for the Case

Herman Ginsburg, Paul L. Douglas, Lincoln, for appellant, cross-appellee.

Kennedy, Holland, DeLacy & Svoboda, C. E. Heaney, Jr., Omaha, for appellee, cross-appellant.

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

BOSLAUGH, Justice.

This action was brought to foreclose a real estate mortgage. The property involved is an apartment building known as the Cadco Apartments located at Twenty-fifth and N Streets in Lincoln, Nebraska. A decree of foreclosure was entered on July 17, 1969. On the same day the court dismissed the plaintiff's application for the appointment of a receiver.

On August 4, 1969, the defendant requested a stay of the order of sale. An order of sale was...

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