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OMAHA NATIONAL BANK v. CONTINENTAL WESTERN CORPORATION

No. 41812.

274 N.W.2d 867 (1979)

202 Neb. 238

The OMAHA NATIONAL BANK, a National Banking Association, Appellee, v. CONTINENTAL WESTERN CORPORATION et al., Appellees, impleaded with Dave Bennett, Inc., a corporation and M & S Grading, Inc., a corporation, Appellants.

Supreme Court of Nebraska.

January 30, 1979.

Attorney(s) appearing for the Case

Jon S. Reid of Kennedy, Holland, DeLacy & Svoboda, Omaha, brief of appellant Dave Bennett, Inc.

James E. Lang of Marer, Venteicher, Strasheim, Seidler, Laughlin, Lazer & Murray, P.C., Omaha, brief of appellant M & S Grading, Inc.

Zwieback, Brady, Kasher, Festersen & Pavel, P.C. and Gary M. Burton, Omaha, brief of appellee The Omaha Nat. Bank.

Hunter, Houlihan & Katz, Omaha, brief of appellee First Nat. Bank of Council Bluffs.

Finlayson, McKie & Fisk and Louis M. Bruckner, Omaha, brief of appellee Bank of Millard.

Heard before KRIVOSHA, C. J., BOSLAUGH and BRODKEY, JJ., and RONIN and NORTON, District Judges.

RONIN, District Judge.

This is a real estate mortgage foreclosure action commenced by the appellee, The Omaha National Bank, by filing its petition to foreclose its mortgage upon two tracts of real estate in Sarpy County, Nebraska. The Continental Western Corporation (Continental) was the owner of the tract of land involved in this appeal. Both Continental and Antilles Corporation, the owner of the other tract, along with Dave Bennett, Inc., a corporation, (Bennett...

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