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NEBRASKA NUTRIENTS, INC. v. SHEPHERD

Nos. S-95-624, S-98-782.

626 N.W.2d 472 (2001)

261 Neb. 723

NEBRASKA NUTRIENTS, INC., a Nebraska corporation, et al., Appellants, v. Wyman SHEPHERD and Leo Corbet, Appellees. Nebraska Nutrients, Inc., a Nebraska corporation, Appellee, Raymond Clayton Roles, individually, Appellant, and Tri-State Construction & Supply, Inc., a Nebraska corporation, Appellee, v. Wyman Shepherd and Leo Corbet, Appellees.

Supreme Court of Nebraska.

May 11, 2001.

Attorney(s) appearing for the Case

Todd R. McWha and Terrance O. Waite, of Waite & McWha, and John E. DeWulf, of Roshka, Heyman & DeWulf, P.L.C., North Platte, for appellants Nebraska Nutrients, Inc., Raymond Clayton Roles, and Tri-State Construction & Supply, Inc.

Thomas E. Johnson, Kirk S. Blecha, and Patrick J. Ickes, of Baird, Holm, McEachen, Pedersen, Hamann & Strasheim, Omaha, for appellant Raymond Clayton Roles (case No. S-98-782).

Robert B. Reynolds and R. Kevin O'Donnell, of McGinley, O'Donnell, Reynolds, & Edwards, P.C., Ogallala, and Robert W. Mullin and Maren Lynn Chaloupka, Scottsbluff, of The Van Steenberg Firm, for appellee Wyman Shepherd.

Richard A. Dudden, Ogallala, of Padley & Dudden, P.C., and G. Gregory Eagleburger, of The Eagleburger Law Group, for appellee Leo Corbet.

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

STEPHAN, Justice.

In 1990, Arizona residents Raymond Clayton Roles, Wyman Shepherd, and Leo Corbet formed two Nebraska corporations known as Nebraska Nutrients, Inc. (Nebraska Nutrients), and Tri-State Construction & Supply, Inc. (Tri-State), for the purpose of building and operating a plant near Sutherland, Nebraska, to manufacture ethanol and yeast products. In 1993, when the plant was approximately 95 percent complete but not yet operational, Roles and Nebraska...

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