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SCOULAR GRAIN v. PIONEER VAL. SAV. BANK

No. 89-100.

447 N.W.2d 38 (1989)

233 Neb. 608

SCOULAR GRAIN COMPANY, a Nebraska Corporation, Appellee v. PIONEER VALLEY SAVINGS BANK, an Iowa Corporation, Appellant and James L. Wagner, Sheriff, Appellee.

Supreme Court of Nebraska.

October 20, 1989.

Attorney(s) appearing for the Case

Mohummed Sadden, South Sioux City, for appellant.

Frederick S. Cassman, of Abrahams, Kaslow & Cassman, Omaha, for appellee Scoular Grain Co.

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

PER CURIAM.

Defendant-appellant, Pioneer Valley Savings Bank, challenges the district court's issuance of an injunction as sought by the plaintiff-appellee, Scoular Grain Company, in this declaratory judgment action. The injunction prevents Pioneer from proceeding with an execution sale of certain real estate in which both Pioneer and Scoular claim interests. Pioneer's operative assignments of error merge to claim that the district court's judgment is legally erroneous...

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