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TERRA WESTERN CORP. v. BERRY & CO.

No. 42915.

295 N.W.2d 693 (1980)

207 Neb. 28

TERRA WESTERN CORPORATION, a corporation, Appellant, v. BERRY AND COMPANY, a corporation, et al., Appellees.

Supreme Court of Nebraska.

August 8, 1980.

Attorney(s) appearing for the Case

Forrest F. Peetz of Peetz & Peetz, O'Neill, for appellant.

Jewell, Otte, Gatz, Collins & Domina, Norfolk, for appellees.

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

CLINTON, Justice.

This is an action by the plaintiff, Terra Western Corporation (Terra), against the defendants, Berry and Company (Berry), a corporation, and Alliance Insurance Companies (Alliance), a corporation, founded on the theory that Alliance converted funds of Terra when Alliance, as insurer of a 1977 corn crop on which Terra held a perfected security interest, paid directly to Robert Temme (Temme), the insured, the amount of a claim arising from destruction...

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