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RESOLUTION TRUST v. DIAL COMPANIES

No. A-96-002.

564 N.W.2d 260 (1997)

5 Neb. App. 695

RESOLUTION TRUST CORPORATION, receiver for City Savings, F.S.B., Appellee, v. DIAL COMPANIES, INC., a Nebraska corporation, Appellant.

Court of Appeals of Nebraska.

May 13, 1997.

Attorney(s) appearing for the Case

Charles O. Forrest and Tami R. Weissert, of Schmid, Mooney & Frederick, P.C., for appellant.

Lawrence K. Sheehan, of Ellick. Jones, Buelt, Blazek & Longo, for appellee.

MILLER-LERMAN, C.J., and HANNON and INBODY, JJ.

HANNON, Judge.

The Resolution Trust Corporation (RTC), receiver for City Savings, F.S.B., sued Dial Companies, Inc. (Dial), to recover an $87,890 credit that Dial received against the purchase price of a large promissory note Dial purchased from RTC. RTC alleges that Dial was given too large a credit by mistake and was unjustly enriched, and seeks this recovery on a theory of reformation of the agreement by which the promissory note was sold. The trial court found...

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