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McCORMACK v. CITIBANK, N.A

No. S-91-532.

489 N.W.2d 293 (1992)

241 Neb. 436

Michael McCORMACK, Appellant, v. CITIBANK, N.A., a Corporation, et al., Appellees.

Supreme Court of Nebraska.

September 4, 1992.

Attorney(s) appearing for the Case

Eugene L. Hillman, Omaha, for appellant.

Keith I. Frederick and Thomas W. McPherson, of Schmid, Mooney & Frederick, P.C., Omaha, for appellee Citibank.

Gary L. Dolan, of Knudsen, Berkheimer, Richardson & Endacott, Lincoln, for appellee National Bank of Commerce.

Thomas F. Flaherty, of Fraser, Stryker, Vaughn, Meusey, Olson, Boyer & Bloch, P.C., Omaha, for appellee First Westroads Bank.

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

PER CURIAM.

The U.S. Court of Appeals for the Eighth Circuit, pursuant to Neb.Rev.Stat. §§ 24-219 to 24-225 (Reissue 1989), has certified the following question of state law to this court:

Whether Neb.Rev.Stat. § 21-20,137 permits a corporation that has been revived more than two years after it has been dissolved by the Secretary of State to maintain an action based on a claim that arose before the dissolution, despite Neb.Rev.Stat. §...

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