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ELLIOTT v. FIRST SEC. BANK

No. S-93-992.

544 N.W.2d 823 (1996)

249 Neb. 597

Evelyn ELLIOTT and Sandra Elliott, individually and doing business as Elliott Ranch Partnership, Appellants and Cross-Appellees, v. FIRST SECURITY BANK, successor to First National Bank in Mitchell, Nebraska, Appellee and Cross-Appellant.

Supreme Court of Nebraska.

March 15, 1996.

Attorney(s) appearing for the Case

Kenneth Cobb, of Cobb, Hallinan & Ehrlich, P.C., Lincoln, for appellants.

Benjamin P. King, of Reed & King Law Office, Mitchell, for appellee.

CAPORALE, FAHRNBRUCH, LANPHIER, WRIGHT, CONNOLLY, and GERRARD, JJ.

FAHRNBRUCH, Justice.

Evelyn Elliott and Sandra Elliott, individually and doing business as Elliott Ranch Partnership (debtors), filed suit against First Security Bank (bank) to recover damages for what the debtors claim was wrongful execution against their real property. The bank counterclaimed that the debtors engaged in racketeering activity in violation of federal law.

The debtors appeal a partial summary judgment entered by a district court in favor of...

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