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ALBERS v. OVERLAND NATIONAL BANK

No. 82-146.

324 N.W.2d 396 (1982)

212 Neb. 578

Rona ALBERS, Appellee, v. OVERLAND NATIONAL BANK, a national banking association, Appellant.

Supreme Court of Nebraska.

September 17, 1982.

Attorney(s) appearing for the Case

Denzel R. Busick of Luebs, Dowding, Beltzer, Leininger & Smith, Grand Island, for appellant.

John A. Wagoner, Grand Island, for appellee.

Submitted without oral argument.

Before KRIVOSHA, C. J., and BOSLAUGH, McCOWN, CLINTON, WHITE, HASTINGS, and CAPORALE, JJ.

PER CURIAM.

The plaintiff, Rona Albers, commenced this action to obtain a declaratory judgment that a hypothecation agreement to the defendant, Overland National Bank, was invalid. The hypothecation agreement pledged 250 shares of Triad stock owned by the plaintiff as security for any indebtedness of Oscar G. Mueller, the plaintiff's father, to the bank. Both parties filed motions for summary judgment. The trial court sustained the plaintiff's motion and ordered the...

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