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FOXLEY CATTLE CO. v. BANK OF MEAD

No. 40545.

244 N.W.2d 205 (1976)

196 Neb. 587

FOXLEY CATTLE COMPANY, a Nebraska partnership, Appellant, v. BANK OF MEAD, a Nebraska Banking Corporation, Appellee, St. Paul Fire & Marine Insurance Company, Garnishee-Appellee.

Supreme Court of Nebraska.

July 21, 1976.

Attorney(s) appearing for the Case

John R. Douglas, Cassem, Tierney, Adams & Gotch, Omaha, for appellant.

Joseph Ginsburg, of Ginsburg, Rosenberg, Ginsburg & Krivosha, Lincoln, for Bank of Mead.

Emil F. Sodoro and Ronald H. Stave of The Law Offices of Emil F. Sodoro, P.C., Omaha, for St. Paul Fire & Marine Ins. Co.

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

WHITE, Chief Justice.

This case involves a garnishment action brought by the plaintiff, Foxley Cattle Company, against the St. Paul Fire and Marine Insurance Company (hereinafter referred to as St. Paul).

Plaintiff is a judgment creditor of the defendant, Bank of Mead, having obtained a judgment in the amount of $227,850.71 against the bank. The basic facts giving rise to plaintiff's cause of action and the resulting judgment in that case were as follows:...

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