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PARRETT v. PLATTE VALLEY STATE BANK & TR.

No. 88-654.

459 N.W.2d 371 (1990)

236 Neb. 139

Robert PARRETT, Appellant, v. PLATTE VALLEY STATE BANK & TRUST CO., Appellee.

Supreme Court of Nebraska.

August 17, 1990.

Attorney(s) appearing for the Case

Michael G. Helms and Mark R. Scherer, of Schmid, Mooney & Frederick, P.C., Omaha, for appellant.

William T. Wright, of Jacobsen, Orr, Nelson, Wright & Harder, P.C., Kearney, for appellee.

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

PER CURIAM.

Robert Parrett appeals from the judgment of the district court for Buffalo County which sustained the demurrer of Platte Valley State Bank & Trust Co. and dismissed Parrett's suit.

"When ruling on a demurrer, a court must assume that the pleaded facts, as distinguished from legal conclusions, are true as alleged and must give the pleading the benefit of any reasonable inference from the facts alleged, but cannot assume the existence of a fact...

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