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SOUTHWEST BANK OF OMAHA v. MORITZ

No. 42012.

277 N.W.2d 430 (1979)

203 Neb. 45

SOUTHWEST BANK OF OMAHA, a Banking Corporation, Appellee, v. John J. MORITZ, Appellant, and Merle Nicola, Trustee in Bankruptcy, Intervenor-Appellant.

Supreme Court of Nebraska.

April 10, 1979.

Attorney(s) appearing for the Case

Maureen Fitzgerald, of Thompson, Crounse & Pieper, Omaha, for appellant.

Michael G. Helms, of Schmid, Ford, Mooney, Frederick & Caporale, Omaha, for appellee.

Heard before BOSLAUGH, McCOWN, CLINTON, and WHITE, JJ., and REIMER, District Judge.

CLINTON, Justice.

This case involves the financial affairs of Verlan J. Rumbaugh, who in 1974 began the operation of a hardware store as a sole proprietorship under the trade name of R & S Sentry Hardware, and in 1975 incorporated the business as R & S Hardware, Inc., which corporation filed a petition for voluntary bankruptcy in 1977. R & S Hardware, Inc., was wholly owned by Rumbaugh.

The appeal arises from two separate actions which were, pursuant...

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