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LONE OAK FARM v. RIVERSIDE FERTILIZER

No. 86-990.

428 N.W.2d 175 (1988)

229 Neb. 548

LONE OAK FARM CORPORATION, a Nebraska Corporation, Appellee, v. RIVERSIDE FERTILIZER CO., a Nebraska Corporation, Appellant.

Supreme Court of Nebraska.

August 19, 1988.

Attorney(s) appearing for the Case

William A. Francis, of Cunningham, Blackburn, Livingston, Francis, Cote, Brock & Cunningham, Grand Island, for appellant.

Michael L. Johnson, of Luebs, Dowding, Beltzer, Leininger, Smith & Busick, Grand Island, for appellee.

BOSLAUGH, WHITE, and SHANAHAN, JJ., and SPRAGUE and THOMPSON, District Judges.

WHITE, Justice.

The plaintiff, Lone Oak Farm Corporation, brought this action to impose a constructive trust on crops, or the proceeds thereof, received by Riverside Fertilizer Co. (Riverside) allegedly in breach of a subordination agreement between the plaintiff and the defendant. The district court ruled that the subordination agreement entered into between the parties was clear and unambiguous, was controlling over the priority provisions of the Nebraska Uniform...

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