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NATIONAL BANK OF COMMERCE v. HAM

Nos. S-97-1120, S-97-1121.

592 N.W.2d 477 (1999)

256 Neb. 679

NATIONAL BANK OF COMMERCE TRUST & SAVINGS ASSOCIATION, Appellee, v. Richard L. HAM, Appellant, and Sandra S. Ham, Appellee. National Bank of Commerce Trust & Savings Association, Appellee, v. Richard L. Ham, Appellant.

Supreme Court of Nebraska.

April 9, 1999.

Attorney(s) appearing for the Case

Robert B. Creager, of Anderson, Creager & Wittstruck, P.C., Lincoln, for appellant.

Stanley H. Foster, Lincoln, for appellee National Bank of Commerce.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, McCORMACK, and MILLER-LERMAN, JJ.

WRIGHT, J.

NATURE OF CASE

These appeals present an issue of first impression as to whether the applicable statute of limitations for a breach of contract claim is tolled during the period that the plaintiff is subject to an automatic stay by the U.S. Bankruptcy Court.

SCOPE OF REVIEW

When reviewing a question of law, an appellate court reaches a conclusion independent of the lower court's ruling. Wood v. McGrath, North,

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