KEITH CTY. BK. v. WHEAT BELT PUBLIC POWER

No. 86-031.

415 N.W.2d 459 (1987)

226 Neb. 850

KEITH COUNTY BANK & TRUST COMPANY, a Nebraska Banking Corporation, Appellee, v. WHEAT BELT PUBLIC POWER DISTRICT, a Public Corporation, Appellant.

Supreme Court of Nebraska.

November 20, 1987.


Attorney(s) appearing for the Case

Thomas M. Sonntag of John Peetz, P.C., Sidney, for appellant.

Paul D. Merritt, Jr., of McGinley, Lane, Mueller, O'Donnell, Merritt & Williams, P.C., Ogallala, for appellee.

Patrick W. Healey of Healey, Wieland, Kluender, Atwood & Jacobs, Lincoln, for amicus curiae Nebraska Rural Elect. Ass'n.

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


PER CURIAM.

Neal Batterman had become contractually obligated to pay for electricity provided by appellant, Wheat Belt Public Power District, a public corporation, to power irrigation wells during 1984 on lands in which Neal Batterman, Clarice Batterman, and Batterman & Sons, Ltd., a Nebraska corporation, had ownership interests. The Batterman interests were foreclosed upon, and appellee, Keith County Bank & Trust Company, a Nebraska banking corporation, was...

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