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McCAUL v. AMERICAN SAV. CO.

Nos. 81-812, 82-100, 82-134, 82-160 and 82-161.

331 N.W.2d 795 (1983)

213 Neb. 841

Gayle McCAUL et al., Appellants and Cross-Appellees, v. AMERICAN SAVINGS COMPANY, a Nebraska corporation, et al., Appellees and Cross-Appellants. L & M RENTALS, a Nebraska partnership, Appellant and Cross-Appellee, v. AMERICAN SAVINGS COMPANY, a Nebraska corporation, Appellee and Cross-Appellant. STREAMLINE, INC., a Nebraska corporation, Appellant and Cross-Appellee, v. AMERICAN SAVINGS COMPANY, a Nebraska corporation, Appellee and Cross-Appellant. T-B CONSTRUCTION, INC., a Nebraska corporation, Appellant and Cross-Appellee, v. AMERICAN SAVINGS COMPANY, a Nebraska corporation, Appellee and Cross-Appellant. TREND 100, INC. a Nebraska corporation, Appellant and Cross-Appellee, v. AMERICAN SAVINGS COMPANY, a Nebraska corporation, Appellee and Cross-Appellant.

Supreme Court of Nebraska.

April 1, 1983.

Attorney(s) appearing for the Case

W. Eric Wood of Dwyer, O'Leary & Martin, P.C., Omaha, for appellants and cross-appellees.

James B. Cavanagh of Erickson, Sederstrom, Leigh, Eisenstatt, Johnson, Kinnamon, Koukol & Fortune, P.C., Omaha, for appellee and cross appellant American Savings.

KRIVOSHA, C.J., BOSLAUGH, McCOWN, WHITE, HASTINGS, and CAPORALE, JJ., and MORAN, District Judge.

McCOWN, Justice.

The plaintiffs, McCaul et al., stockholders of Westmont Enterprises, Inc., and guarantors of a promissory note from Westmont to defendant American Savings Company, sought to enjoin American Savings Company from selling real property pursuant to a trust deed executed in conjunction with a loan to Westmont. American Savings Company counterclaimed and cross-claimed, praying that Westmont be found to be in default on the loan, that judgment for American...

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