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NEBRASKA STATE BANK v. DUDLEY

No. 40866.

252 N.W.2d 277 (1977)

198 Neb. 132

NEBRASKA STATE BANK, a corporation, Appellant, v. Charles R. DUDLEY and Delores S. Dudley, Appellees.

Supreme Court of Nebraska.

March 30, 1977.

Attorney(s) appearing for the Case

Norris G. Leamer, South Sioux City, for appellant.

O'Brien, Galvin & O'Brien, Donald E. O'Brien, Sioux City, Iowa, James R. Peterson, Winnebago, for appellees.

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

SPENCER, Justice.

This is the second appearance of this replevin action before this court. The first case was reversed and remanded for a new trial because of erroneous jury instructions. Nebraska State Bank v. Dudley, 194 Neb. 1, 229 N.W.2d 559 (1975). The issue submitted to the jury on plaintiff's right of possession was whether the note was in default and, if not, whether bank properly...

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