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EVERGREEN FARMS v. FIRST NAT. BANK

No. S-94-546.

553 N.W.2d 728 (1996)

250 Neb. 860

EVERGREEN FARMS, a general partnership, Appellee, v. FIRST NATIONAL BANK & TRUST COMPANY, a national bank, Appellant.

Supreme Court of Nebraska.

October 4, 1996.

Attorney(s) appearing for the Case

Frederick S. Cassman of Abrahams, Kaslow & Cassman, Omaha, and Noyes W. Rogers and Clark J. Grant of Grant, Rogers, Maul and Grant, Columbus, for appellant.

David E. Copple and Steven D. Sunde of Domina & Copple, P.C., Norfolk, for appellee.

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

WRIGHT, Justice.

I. INTRODUCTION

Evergreen Farms (Evergreen) brought this action for breach of contract and fraudulent misrepresentation against First National Bank & Trust Company (First National). Evergreen sought to recover damages arising from its loan agreement with First National. A jury awarded Evergreen $172,500, and First National appeals.

II. FACTS

1. EVERGREEN FARMS

Evergreen Farms is a general partnership engaged...

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