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SOLAR MOTORS INC. v. FIRST NAT. BANK

No. A-93-622.

537 N.W.2d 527 (1995)

4 Neb.App. 1

SOLAR MOTORS, INC., formerly known as Baker Chrysler, Plymouth, Dodge, Inc., and Brett R. Baker, Appellees and Cross-Appellants, v. FIRST NATIONAL BANK OF CHADRON, Appellant and Cross-Appellee.

Court of Appeals of Nebraska.

September 5, 1995.

Attorney(s) appearing for the Case

Trev E. Peterson and Rodney M. Confer, of Knudsen, Berkheimer, Richardson & Endacott, Lincoln, for appellant.

Steven W. Olsen, of Simmons, Olsen, Ediger & Selzer, P.C., Scottsbluff, for appellees.

Robert J. Hallstrom, of Brandt, Horan, Hallstrom & Sedlacek, Nebraska City, for amicus curiae Nebraska Bankers Association, Inc.

HANNON, MILLER-LERMAN and INBODY, JJ.

HANNON, Judge.

This is a lender liability action in which Solar Motors, Inc., and Brett R. Baker sued the First National Bank of Chadron on the basis that it failed to finance the plaintiffs' business as promised. The trial court submitted the case to the jury on the theory that the bank breached its obligation of good faith and fair dealing by calling the two loans it made to Solar Motors, but refused to submit the case to the jury on a "breach of contract" theory...

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