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IN RE INVOL. DISSOL. OF BATTLE CREEK BANK

No. S-96-062.

575 N.W.2d 356 (1998)

254 Neb. 120

In re Involuntary Dissolution of BATTLE CREEK STATE BANK, A Nebraska Banking Corporation. William B. HENGSTLER, Cotrustee of the A.W. Hengstler Testamentary Trust, Appellant, v. BATTLE CREEK STATE BANK et al., Appellees.

Supreme Court of Nebraska.

March 6, 1998.

Attorney(s) appearing for the Case

David A. Domina, of Domina & Copple, P.C., Norfolk, for appellant.

Thomas H. DeLay, of Jewell, Gatz, Collins, Fitzgerald & DeLay, Norfolk, for appellees Battle Creek State Bank et al.

Robert S. Lannin, of Croker, Huck, Kasher, DeWitt, Anderson & Gonderinger, P.C., Omaha, for appellees Robert Doering and Karen Hale.

Rodney W. Smith, of Smith & Doerr, P.C., Neligh, for appellee Jean Brestel.

Don Stenberg, Attorney General, and Fredrick F. Neid, Lincoln, for amicus curiae Department of Banking and Finance, State of Nebraska.

WHITE, C.J., and CAPORALE, WRIGHT, CONNOLLY, GERRARD, and STEPHAN, JJ.

PER CURIAM.

STATEMENT OF CASE

This appeal presents the question of whether an allegedly oppressed minority shareholder may invoke involuntary dissolution proceedings pursuant to Neb.Rev.Stat. §§ 21-2096 to 21-20,104 (Reissue 1991) to dissolve a Nebraska bank. We conclude that such a shareholder may not invoke involuntary dissolution proceedings in the district courts. Rather, the proper venue is the Nebraska Department of Banking and Finance (Department...

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