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CITY OF LINCOLN v. PMI FRANCHISING, INC.

No. S-02-1417.

675 N.W.2d 660 (2004)

267 Neb. 562

CITY OF LINCOLN, Nebraska, a Municipal Corporation, Appellant v. PMI FRANCHISING, INC., et al., Appellees.

Supreme Court of Nebraska.

March 12, 2004.

Attorney(s) appearing for the Case

Dana W. Roper, Lincoln City Attorney, and James D. Faimon, Lincoln, for appellant.

Joel D. Nelson, of Keating, O'Gara, Davis & Nedved, P.C., L.L.O., Lincoln, for appellees James E. Hershberger and Sandra M. Hershberger.

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

MILLER-LERMAN, J.

NATURE OF CASE

The City of Lincoln (the City) filed suit in the district court for Lancaster County against PMI Franchising, Inc. (PMI), James E. Hershberger, and Sandra M. Hershberger to recover money that was loaned to PMI pursuant to a financing agreement in aid of an economic development program sponsored by the City. The Hershbergers were guarantors on the loan to PMI. The Hershbergers moved for summary judgment. The district court...

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