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COMMERCIAL FED. SAV. & LOAN v. ABA CORP.

No. 86-1083.

431 N.W.2d 613 (1988)

230 Neb. 317

COMMERCIAL FEDERAL SAVINGS AND LOAN ASSOCIATION, A Corporation, Appellant, v. ABA CORP., A Corporation, et al., Appellees.

Supreme Court of Nebraska.

November 18, 1988.

Attorney(s) appearing for the Case

William J. Riley, of Fitzgerald, Schorr, Barmettler & Brennan, Omaha, and, on brief, David H. Fisher, of Fitzgerald, Brown & Dunmire, Hastings, for appellant.

William D. Kuester, of Crosby, Guenzel, Davis, Kessner & Kuester, Lincoln, for appellees.

HASTINGS, C.J., and BOSLAUGH, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ.

FAHRNBRUCH, Justice.

This is an appeal challenging the refusal of a deputy sheriff and a district court to grant Commercial Federal Savings and Loan Association's desire to withdraw its bid at a judicial sale. The Lincoln County District Court granted appellees' motion to confirm the sale and overruled Commercial Federal's motion to set the sale aside. Commercial Federal appeals. We reverse.

Commercial Federal filed a petition for foreclosure of a mortgage...

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