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FIRST NAT. BANK IN MITCHELL v. KURTZ

No. 87-196.

440 N.W.2d 432 (1989)

232 Neb. 254

FIRST NATIONAL BANK IN MITCHELL, a National Banking Corporation, Appellant, v. Patricia A. KURTZ, Arthur Gilbert Kurtz, and Cynthia Ann Brown, Copersonal Representatives of the Estate of Arthur H. Kurtz, Deceased, et al., Appellees.

Supreme Court of Nebraska.

May 26, 1989.

Attorney(s) appearing for the Case

John A. Selzer, of Simmons, Raymond, Olsen, Ediger, Selzer & Ballew, P.C., Scottsbluff, for appellant.

James R. Hancock, of Hancock & Denton, P.C., Scottsbluff, for appellees Arthur Kurtz and Brown.

Dennis M. Coll, Scottsbluff, for appellee Patricia Kurtz.

Robert M. Harris, of Harris & Lippstreu, Scottsbluff, for appellee Burkman.

HASTINGS, C.J., WHITE and CAPORALE, JJ., REAGAN, District Judge, and COLWELL, District Judge, Retired.

REAGAN, District Judge.

This is an action for conversion of property brought by appellant, First National Bank in Mitchell (Bank), against the appellees. From an order granting the appellees' motion for a directed verdict at the close of appellant's evidence and a subsequent order denying a motion for new trial, the Bank has brought this appeal.

Under the posture of the case, the Bank is entitled to have all factual issues, together with legitimate inferences...

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