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IN RE NEBRASKA STATE BANK OF VALENTINE

No. 39186.

215 N.W.2d 869 (1974)

191 Neb. 427

In the Matter of NEBRASKA STATE BANK OF VALENTINE, Valentine, Nebraska, Insolvent. Frank L. COLBURN and Harriett E. Colburn, Appellees, Cross-Appellants, v. Henry E. LEY, Director of Banking and Receiver and Liquidating Agent of Nebraska State Bank of Valentine, Nebraska, Insolvent, Appellant, Cross-Appellee.

Supreme Court of Nebraska.

March 7, 1974.

Attorney(s) appearing for the Case

Smith Brothers, Bernard B. Smith, Lexington, for appellant.

W. Gerald O'Kief, Valentine, for appellees.

Heard before WHITE, C. J., SPENCER, BOSLAUGH, McCOWN and CLINTON, JJ., and RONIN and HASTINGS, District Judges.

SPENCER, Justice.

This appeal involves the allowance of interest on the plaintiffs' deposit in the Nebraska State Bank of Valentine. The claim was classified as a valid preferred claim but was not paid at the time other depositors in the same class were paid. The trial court allowed interest. We affirm as modified.

The Nebraska State Bank of Valentine was placed into receivership for liquidation in the fall of 1964. Frank L. Colburn, who was an officer, director...

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