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BERMAN v. UNITED STATES NAT. BANK

No. 40358.

249 N.W.2d 187 (1976)

197 Neb. 268

Aaron BERMAN, d/b/a Berman Steel Co., Appellee, Cross-Appellant, v. The UNITED STATES NATIONAL BANK, a National Banking Corporation, Appellant, Cross-Appellee.

Supreme Court of Nebraska.

December 29, 1976.

Attorney(s) appearing for the Case

Robert C. Doyle, of Morsman, Fike, Davis & Polack, P. C., David J. Lanphier, of McGill, Koley & Parsonage, P. C., Omaha, for appellant.

Keith I. Frederick, Schmid, Ford, Mooney, Frederick & Caporale, Omaha, Elmer Pybrum, Grunsky, Pybrum, Skemp & Ebey, Watsonville, Cal., for appellee.

Heard before WHITE, C. J., SPENCER, BOSLAUGH, McCOWN, NEWTON and CLINTON, JJ., and COLWELL, District Judge.

CLINTON, Justice.

This is an action in seven causes against the defendant, The United States National Bank of Omaha (herein called "Bank"), brought by the plaintiff Berman, a dealer in metals and the payee of five drafts given by Aaron Ferer & Sons Co., another metal dealer, to Berman in payment of a number of carloads of metal sold by Berman to Ferer. The grounds of the first five causes of action were that the Bank failed to honor and pay the drafts when presented...

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