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MELCHER v. BANK OF MADISON

No. A-93-670.

529 N.W.2d 814 (1995)

3 Neb.App. 665

Ervin MELCHER, Appellee, v. The BANK OF MADISON, Appellant.

Court of Appeals of Nebraska.

April 11, 1995.

Attorney(s) appearing for the Case

Daniel A. Fullner, of Moyer, Moyer, Egley, Fullner & Warnemunde, Madison, for appellant.

Vince Kirby, Norfolk, for appellee.

SIEVERS, C.J., MILLER-LERMAN, J., and HOWARD, District Judge, Retired.

MILLER-LERMAN, Judge.

The Bank of Madison appeals the judgment entered against it by the district court for Madison County, Nebraska, following a trial to a jury. By its verdict, the jury found that The Bank of Madison had wrongfully converted a John Deere model 4450 tractor allegedly owned by Ervin Melcher, plaintiff-appellee, and awarded damages to him in the amount of $28,000. For the reasons recited below, we reverse.

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