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NORWEST BANK NEBRASKA v. PHILIPS REALTY

No. 97-1231.

594 N.W.2d 3 (1999)

NORWEST BANK NEBRASKA, N.A., a Corporation, Appellee, v. PHILIPS REALTY CO., an Iowa Corporation, Philips Stores, Inc., and Henry Greenberg, et al., Appellants. First National Bank of Council Bluffs, a Corporation, Defendant and Cross-Petitioner, v. Philips Realty Co., an Iowa Corporation, Philips Stores, Inc., and Henry Greenberg, et al., Defendants to Cross-Petition.

Supreme Court of Iowa.

April 28, 1999.

Attorney(s) appearing for the Case

John M. French of Willson & Pechacek, Council Bluffs, for appellants.

Donald J. Pavelka, Jr. of Hansen, Engles & Locher, P.C., Council Bluffs, and Thomas M. Locher of Hansen, Engles & Locher, P.C., Omaha, Nebraska, for appellee.

Considered en banc.

LAVORATO, Justice.

The defendants in this case are Philips Realty Co., an Iowa corporation, Philips Stores, Inc., and Henry Greenberg. The defendants appeal from a district court ruling denying their motion for discharge of a mortgage foreclosure judgment. The judgment was entered against them and in favor of the plaintiff, Norwest Bank Nebraska, N.A. (bank), a corporation, roughly eleven years ago. The defendants claim the district court should have required the...

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