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DEPARTMENT OF BANKING v. ELM CREEK STATE BANK

No. 42567.

287 N.W.2d 440 (1980)

205 Neb. 323

DEPARTMENT OF BANKING, State of Nebraska, Appellee, v. ELM CREEK STATE BANK, Elm Creek, Nebraska, Appellee, Federal Deposit Insurance Corporation, Receiver and Liquidator, Appellee, Daryl Calkins, Stockholder-Appellant.

Supreme Court of Nebraska.

January 15, 1980.

Attorney(s) appearing for the Case

Nye, Hervert, Jorgensen & Watson, P. C., Kearney, for stockholder-appellant.

Tye, Worlock, Tye & Taylor, Kearney, for appellee FDIC.

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

WHITE, Justice.

Appellant, Daryl Calkins, a stockholder in the insolvent and dissolved Elm Creek State Bank (hereafter Bank), appeals from an order of the District Court for Buffalo County, Nebraska. We affirm the order of the trial court.

Some background is necessary. On May 8, 1973, the Department of Banking, State of Nebraska, filed a Declaration of Insolvency of the Bank. The Federal Deposit Insurance Corporation was appointed receiver.

In due...

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