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TRAVELERS INDEM. CO. v. CENTER BANK

No. 41811.

275 N.W.2d 73 (1979)

202 Neb. 294

The TRAVELERS INDEMNITY COMPANY, a corporation, assignee, Appellant, v. The CENTER BANK, a corporation, Appellee.

Supreme Court of Nebraska.

February 6, 1979.

Attorney(s) appearing for the Case

Daniel J. Duffy and Patrick B. Donahue of Cassem, Tierney, Adams & Gotch, Omaha, for appellant.

Ronald H. Stave, Michael P. Cavel, Lee H. Hamann of the Law Offices of Emil F. Sodoro, P. C., Omaha, for appellee.

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

KRIVOSHA, Chief Justice.

This is an action based upon the alleged negligence of the appellee bank in failing to know or ascertain the identity and authority of its depositor establishing an account with it under a corporate name. In response to the appellant's first amended petition, the appellee filed a demurrer. The trial court sustained the demurrer and dismissed appellant's petition. Appellant thereafter appealed to this court. We affirm.

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