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CITIZENS FIDELITY BANK v. SOUTHWEST BANK

No. 89-363.

472 N.W.2d 198 (1991)

238 Neb. 677

CITIZENS FIDELITY BANK & TRUST CO., a Kentucky Banking Corporation, Appellee, v. SOUTHWEST BANK & TRUST CO., a Nebraska Banking Corporation, Appellant.

Supreme Court of Nebraska.

July 19, 1991.

Attorney(s) appearing for the Case

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

Thomas M. Locher and Donald J. Pavelka, Jr. of Hansen, Engles & Locher, P.C., Omaha, for appellee.

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

SHANAHAN, Justice.

Citizens Fidelity Bank & Trust Co., a Kentucky banking corporation, brought an action against Southwest Bank & Trust Co., a Nebraska banking corporation, and claimed that Southwest, payor of a counterfeit check, wrongfully refused to honor the check which Citizens had forwarded to Southwest for payment. After a bench trial in which evidence was presented through testimony, exhibits, and a stipulation between the parties, the district court...

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