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WESTERN SEC. BK. v. U.S. FIDEL. & GUAR. CO.

No. S-94-043.

539 N.W.2d 15 (1995)

248 Neb. 679

WESTERN SECURITY BANK, formerly known as Ames Bank, a Nebraska banking corporation, Appellant, v. UNITED STATES FIDELITY & GUARANTY COMPANY et al., Appellees.

Supreme Court of Nebraska.

October 27, 1995.

Attorney(s) appearing for the Case

Patrick M. Heng, of Raynor, Rensch & Pfeiffer, Omaha, for appellant.

David L. Crawford and Christopher D. Curzon, of Schmid, Mooney & Frederick, P.C., Omaha, and Norman R. Carpenter, of Faegre & Benson, Minneapolis, MN, for appellee United States Fidelity & Guaranty.

Robert J. Bothe and W. Greg O'Kief, of McGrath, North, Mullin & Kratz, P.C., Omaha, for appellee Constructors Bonding Co.

WHITE, C.J., and CAPORALE, FAHRNBRUCH, LANPHIER, CONNOLLY, and GERRARD, JJ.

CONNOLLY, Justice.

Western Security Bank, formerly known as Ames Bank, appeals from an order entered by the district court for Douglas County, sustaining the motions for summary judgment by Constructors Bonding Company (Constructors) and United States Fidelity & Guaranty Company (USF & G). Because we find as a matter of law no enforceable contract exists, we conclude that the district court did not err by sustaining Constructors' and USF & G's motions...

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