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FIRST MID AMERICA, INC. v. PALMER

No. 40528.

248 N.W.2d 30 (1976)

197 Neb. 224

FIRST MID AMERICA, INC., a corporation, Appellant, Cross-Appellee, v. Kay F. PALMER, Appellee, Cross-Appellant.

Supreme Court of Nebraska.

December 22, 1976.

Attorney(s) appearing for the Case

Knudsen, Berkheimer, Endacott & Beam, Lincoln, for appellant.

McGrath, North, O'Malley, Kratz, Dwyer, O'Leary & Martin, P.C., Omaha, Fortes, Eiger, Epstein & Skirnick, Chicago, Ill., for appellee.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, McCOWN, NEWTON, CLINTON, and BRODKEY, JJ.

WHITE, Chief Justice.

This suit was brought by the plaintiff, First Mid America, Inc., against the defendant, Kay F. Palmer, to recover upon an account which the defendant had opened with the plaintiff for the purpose of trading commodities futures contracts. The account was opened by the defendant in June of 1973 and closed by the plaintiff in August of 1973. On the date of the closing, the account had a debit balance of $31,329.11.

The defendant alleged...

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