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NORTH BEND SENIOR CITIZENS HOME v. COOK

No. S-99-1375.

623 N.W.2d 681 (2001)

261 Neb. 500

NORTH BEND SENIOR CITIZENS HOME, INC., Assignee, Appellant, v. Cheryll COOK, also known as Cheryll Weber, Appellee.

Supreme Court of Nebraska.

March 30, 2001.

Attorney(s) appearing for the Case

James L. Haszard and Stephanie R. Hupp, of McHenry, Haszard, Hansen & Roth, Lincoln, for appellant.

L.J. Karel, of Karel & Seckman, Schuyler, for appellee.

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

HENDRY, Chief Justice.

INTRODUCTION

North Bend Senior Citizens Home, doing business as Birchwood Manor (Manor), as assignee, brought an action against Cheryll Weber, also known as Cheryll Cook (Cook), to recover over $83,000 Cook allegedly converted while acting as power of attorney for Laura Duda, a resident of the Manor. Duda assigned her claim against Cook to the Manor.

The district court granted summary...

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