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FIRST NAT. BANK OF OMAHA v. ACCEPTANCE INS.

No. A-02-207.

675 N.W.2d 689 (2004)

12 Neb. App. 353

FIRST NATIONAL BANK OF OMAHA, a national banking corporation, appellee, v. ACCEPTANCE INSURANCE COMPANIES, INC., a Delaware corporation, appellant and cross-appellee, and Robert F. Swartzbaugh, appellee and cross-appellant.

Court of Appeals of Nebraska.

January 27, 2004.

Attorney(s) appearing for the Case

James M. Bausch, Tracy A. Oldemeyer, and Pamela K. Epp, of Cline, Williams, Wright, Johnson & Oldfather, L.L.P., Lincoln, for appellant.

Charles F. Gotch and David A. Blagg, of Cassem, Tierney, Adams, Gotch & Douglas, Omaha, for appellee Robert F. Swartzbaugh.

HANNON and INBODY, Judges, and BUCKLEY, District Judge, Retired.

HANNON, Judge.

I. INTRODUCTION

This action commenced with a petition of interpleader filed by the First National Bank of Omaha (FNB) asking the court to determine the ownership of approximately 20,396 shares of Acceptance Insurance Companies, Inc. (Acceptance), common stock which FNB was holding in escrow under agreements between Acceptance, Robert F. Swartzbaugh, and others. The litigated issues were between Acceptance and Swartzbaugh over the right to...

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