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KANSAS BANKERS SUR. CO. v. HALFORD

No. S-00-1214.

644 N.W.2d 865 (2002)

263 Neb. 971

The KANSAS BANKERS SURETY COMPANY, Appellant, v. Linda HALFORD, Appellee.

Supreme Court of Nebraska.

May 31, 2002.

Attorney(s) appearing for the Case

Edmond E. Talbot, III, Blair, of Talbot Law Office, and Stephen D. Lanterman, Topeka, KS, and Alan V. Johnson, of Sloan, Listrom, Eisenbarth, Solan & Glassman, L.L.C., for appellant.

David S. Houghton and William G. Garbina, of Lieben, Whitted, Houghton, Slowiaczek & Cavanagh, P.C., L.L.O., Omaha, for appellee.

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

WRIGHT, J.

NATURE OF CASE

The Kansas Bankers Surety Company (KBS), which is the surety company for Fort Calhoun State Bank (the Bank), brought an action against Linda Halford (Halford) claiming fraud and conversion of funds. After KBS voluntarily dismissed its action against Halford, the district court awarded Halford attorney fees pursuant to Neb.Rev.Stat. § 25-824 (Reissue 1995). KBS timely appealed.

SCOPE OF REVIEW

The question...

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