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FEDERAL DEPOSIT INS. CORP. v. HEYNE

No. 86-299.

417 N.W.2d 162 (1987)

227 Neb. 291

FEDERAL DEPOSIT INSURANCE CORPORATION, Receiver for Uehling State Bank, Appellee, v. Willard D. HEYNE, Appellant.

Supreme Court of Nebraska.

December 31, 1987.

Attorney(s) appearing for the Case

John F. Kerrigan and David G. Hartmann of Kerrigan, Line & Martin, Fremont, for appellant.

Thaddeus G. Fenton, Omaha, for appellee.

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

WHITE, Justice.

On November 13, 1985, the Federal Deposit Insurance Corporation (FDIC) filed a petition at law seeking judgment against Willard D. Heyne. The FDIC had previously been appointed as receiver of the Uehling State Bank after the Department of Banking and Finance of the State of Nebraska determined that the bank was insolvent. The petition alleges that "[o]n or about August 20, 1984 Robert E. Johnson borrowed $17,900.00 from Uehling State Bank and that...

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