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WHORLEY v. FIRST WESTSIDE BANK

No. S-89-1389.

485 N.W.2d 578 (1992)

240 Neb. 975

Richard A. WHORLEY et al., doing business as Greenwood Truck Plaza & Copper Plate Restaurant, Appellants, v. FIRST WESTSIDE BANK, a Nebraska Corporation, Appellee.

Supreme Court of Nebraska.

July 2, 1992.

Attorney(s) appearing for the Case

Victor J. Lich, Jr., of Lich, Herold & Mackiewicz, Omaha, for appellants.

William E. Morrow and Mark J. Peterson, of Erickson & Sederstrom, P.C., Omaha, for appellee.

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

CAPORALE, Justice.

The district court sustained the demurrer of the defendant-appellee, First Westside Bank, to the third amended petition filed against it by the plaintiffs-appellants, Richard A. and Rita A. Whorley and R.A.W., Inc., doing business as Greenwood Truck Plaza & Copper Plate Restaurant, and thereafter dismissed the plaintiffs' action. Plaintiffs assign the dismissal as error. We reverse and remand for further proceedings consistent with this opinion...

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