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A.G.A. INC. v. FIRST NAT. BANK

No. 89-454.

474 N.W.2d 655 (1991)

239 Neb. 74

A.G.A. INC., Appellee, v. FIRST NATIONAL BANK, HOLDREGE, NEBRASKA, Appellant.

Supreme Court of Nebraska.

September 13, 1991.

Attorney(s) appearing for the Case

Patrick J. Nelson, of Jacobsen, Orr, Nelson, Wright, Harder & Lindstrom, P.C., Kearney, for appellant.

Kenneth F. George of State, Yeagley & George, Kearney, for appellee.

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

BOSLAUGH, Justice.

In this action, the plaintiff, A.G.A. Inc. (A.G.A.), sought to recover damages from the defendant, First National Bank, Holdrege, Nebraska (Bank), in connection with the Bank's receipt, as escrow agent, of an $11,100 payment made by A.G.A. in accordance with an installment contract for the sale of land. A.G.A. proceeded on theories of conversion, breach of contract, negligence, breach of fiduciary duty, and money had and received by the Bank for...

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