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NEBRASKA DEPOSITORY INST. GUAR. v. STASTNY

No. S-89-1420.

497 N.W.2d 657 (1993)

243 Neb. 36

NEBRASKA DEPOSITORY INSTITUTION GUARANTY CORPORATION, a Nebraska Corporation, Appellee, v. Francis L. STASTNY et al., Defendants and Third-Party Plaintiffs, Appellants and Cross-Appellees, The Hartford Accident and Indemnity Company and State of Nebraska, Department of Banking, Third-Party Defendants, Appellees, and First State Bank of Dwight, Third-Party Defendant, Appellee and Cross-Appellant.

Supreme Court of Nebraska.

March 26, 1993.

Attorney(s) appearing for the Case

George H. Moyer, Jr., of Moyer, Moyer, Egley, Fullner & Warnemunde, Madison, for appellants.

Thomas M. Locher and Kevin J. Dostal, of Hansen, Engles & Locher, P.C., Omaha, for appellee First State Bank of Dwight.

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

WHITE, Justice.

In December 1982, the Dwight Cooperative Credit Association (Association), facing insolvency, merged with the Farmer's State Bank of Dwight, now known as the First State Bank of Dwight (Bank), the third-party codefendant and sole appellee involved in this appeal. To keep the Association operating during 1982, the Nebraska Depository Institution Guaranty Corporation (NDIGC) had deposited a total of $210,000 in a correspondent bank to the credit of the...

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