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BANK OF VALLEY v. SHUNK

No. 43160.

302 N.W.2d 711 (1981)

208 Neb. 200

BANK OF VALLEY, a corporation, Appellee, v. Duane C. SHUNK, Appellant.

Supreme Court of Nebraska.

March 6, 1981.

Attorney(s) appearing for the Case

David J. Lanphier of McGill, Koley, Parsonage & Lanphier, P.C., Omaha, for appellant.

Richard J. Butler of Ginsburg, Rosenberg, Ginsburg, Cathcart, Curry & Gordon, Lincoln, for appellee.

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

McCOWN, Justice.

The plaintiff bank brought an action against the defendant to recover principal and interest due on a promissory note. Defendant answered and also counterclaimed, alleging fraud and requesting reformation. After the taking and filing of depositions the District Court sustained plaintiff's motion for summary judgment and entered judgment against the defendant in the sum of $25,000 plus interest and costs. The defendant's

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