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PROGRESSIVE DESIGN, INC. v. OLSON BROS. MFG. CO.

No. 41313.

263 N.W.2d 465 (1978)

200 Neb. 291

PROGRESSIVE DESIGN, INC., Appellee, v. OLSON BROTHERS MANUFACTURING COMPANY, Appellee, Security State Bank of Oxford, Nebraska, a corporation, Intervenor-Appellant.

Supreme Court of Nebraska.

March 15, 1978.

Attorney(s) appearing for the Case

Magnuson, Magnuson & Peetz, O'Neill, for Security State Bank of Oxford, Nebraska.

Duane L. Stromer, Hastings, for appellee, Olson Brothers Manufacturing Co.

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

McCOWN, Justice.

This is an action by Security State Bank of Oxford, Nebraska, against Olson Brothers Manufacturing Company to recover money allegedly due under an assignment of the proceeds of a contract between Olson Brothers and Progressive Design, Inc. A jury trial was waived and trial was had to the court. At the conclusion of the bank's evidence the District Court held that the evidence did not show a sufficient notice of the assignment, and dismissed the petition...

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