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GOTTSCH v. BANK OF STAPLETON

No. 88-112.

458 N.W.2d 443 (1990)

235 Neb. 816

Robert G. GOTTSCH, doing business as Bob Gottsch Feedyards, Appellant and Cross-Appellee, v. BANK OF STAPLETON, a Corporation, Appellee, and First National Bank of Omaha, a Corporation, Appellee and Cross-Appellant.

Supreme Court of Nebraska.

July 20, 1990.

Attorney(s) appearing for the Case

Michael E. Sullivan and J. Patrick Deveny, for appellant.

Waldine H. Olson, of Schmid, Mooney & Frederick, P.C., for appellee First Nat. Bank.

No appearance for appellee Bank of Stapleton.

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

SHANAHAN, Justice.

GOTTSCH V. CHURCHILL

In March 1979, Leslie Churchill, acting under a power of attorney from his wife, Phyllis Churchill, acquired 200 cows in South Dakota. On May 31, 1979, Robert G. Gottsch, doing business as Bob Gottsch Feedyards, filed an action against Churchills in the district court for Lincoln County, Nebraska, and alleged that Churchills, by defrauding Gottsch, acquired funds for the 200 cattle purchased in March. In the Lincoln...

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