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FIRST WEST SIDE BANK v. HERZOG

No. 42273.

282 N.W.2d 38 (1979)

204 Neb. 356

FIRST WEST SIDE BANK, a corporation, Appellant, v. David L. HERZOG, Carl I. Klekers, Norman Cain, and James F. Windorski, Appellees.

Supreme Court of Nebraska.

August 14, 1979.

Attorney(s) appearing for the Case

James E. Lang of Marer, Venteicher, Strasheim, Seidler, Laughlin & Murray, P. C., Omaha, for appellant.

J. William Gallup, Omaha, for appellee Klekers.

Harold W. Kauffman and Larry E. Welch of Gross, Welch, Vinardi, Kauffman, Day & Langdon, Omaha, for appellees Herzog, Cain, and Windorski.

Heard before KRIVOSHA, C. J., BRODKEY, and HASTINGS, JJ., and COADY and NORTON, District Judges.

NORTON, District Judge.

This is an appeal from the judgment of the District Court for Douglas County, Nebraska, finding generally for the defendants-appellees and against the plaintiff-appellant, and dismissing plaintiff's petition.

The facts are as follows: During the year 1970 the defendants-appellees, David L. Herzog, Carl I. Klekers, Norman Cain, and James F. Windorski, hereinafter referred to as defendants, formed a corporation under the laws of Nebraska...

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