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ADAMS BANK & TRUST v. EMPIRE FIRE & MARINE

No. S-91-586.

506 N.W.2d 52 (1993)

244 Neb. 262

ADAMS BANK & TRUST, Appellant and Cross-Appellee, v. EMPIRE FIRE AND MARINE INSURANCE COMPANY, Appellee and Cross-Appellant.

Supreme Court of Nebraska.

October 1, 1993.

Attorney(s) appearing for the Case

Robert B. Reynolds and J. Blake Edwards, of McGinley, Lane, Mueller, O'Donnell & Reynolds, P.C., Ogallala, for appellant.

Susan C. Williams and Terrance O. Waite, of Murphy, Pederson & Waite, North Platte, for appellee.

HASTINGS, C.J., and BOSLAUGH, WHITE, CAPORALE, FAHRNBRUCH, and LANPHIER, JJ.

BOSLAUGH, Justice.

This is an action by the plaintiff, Adams Bank & Trust, against the defendant, Empire Fire and Marine Insurance Company, for recovery under a Nebraska motor vehicle, trailer, or motorcycle dealer's bond in which Fuller Company, Inc., doing business as Fuller Motor Company (Fuller), was the principal and the defendant was the surety. The bond was issued pursuant to Neb.Rev. Stat. § 60-1419 (Reissue 1988), which provides in part that a licensed...

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