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AMES BANK v. PACENCO, INC.

No. 41736.

272 N.W.2d 271 (1978)

201 Neb. 776

AMES BANK, a corporation, Appellee, v. PACENCO, INC., d/b/a Benson Car Sales, a corporation, Paul C. Centineo, and Marjorie I. Centineo, Appellants.

Supreme Court of Nebraska.

December 6, 1978.

Attorney(s) appearing for the Case

John M. DiMari and William R. Gores of Respeliers & DiMari, Omaha, for appellants.

J. Michael Coffey and Lee H. Hamann of The Law Offices of Emil F. Sodoro, P. C., Omaha, for appellee.

Heard before SPENCER, C. J., Pro Tem., BOSLAUGH, McCOWN, CLINTON, BRODKEY, and WHITE, JJ., and KUNS, Retired District Judge.

BOSLAUGH, Justice.

This was a suit on a promissory note executed by the defendant, Pacenco, Inc., and a guaranty agreement executed by the defendants, Paul C. Centineo and Marjorie I. Centineo. The plaintiff filed a motion for summary judgment on the grounds that the pleadings showed there was no genuine issue as to any material fact and the plaintiff was entitled to judgment as a matter of law.

The defendants' answer alleged a failure of consideration for...

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