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BUTTE STATE BANK v. WILLIAMSON

No. 82-523.

338 N.W.2d 598 (1983)

215 Neb. 296

BUTTE STATE BANK, a banking corporation, Appellee, v. E.P. WILLIAMSON, Appellant.

Supreme Court of Nebraska.

September 23, 1983.

Attorney(s) appearing for the Case

Arlen D. Magnuson, O'Neill, on briefs and Jewell, Otte, Gatz & Collins, Norfolk, for appellant.

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

KRIVOSHA, C.J., BOSLAUGH, WHITE, HASTINGS, CAPORALE, and SHANAHAN, JJ., and GRANT, District Judge.

CAPORALE, Justice.

E.P. Williamson, defendant in the trial court, appeals from an award to the plaintiff-appellee, Butte State Bank, of a deficiency summary judgment on a guaranty. We reverse and remand.

In the posture of this case we are required to determine whether there here exists no genuine issue as to any material fact, whether the ultimate inferences to be drawn from those facts are clear, and whether the...

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