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SPRING VALLEY IV v. NEBRASKA STATE BANK

No. S-03-965.

690 N.W.2d 778 (2005)

269 Neb. 82

SPRING VALLEY IV JOINT VENTURE, a Nebraska general partnership, et al., appellants, v. NEBRASKA STATE BANK OF OMAHA, a Nebraska corporation, appellee.

Supreme Court of Nebraska.

January 14, 2005.

Attorney(s) appearing for the Case

Edward D. Hotz and Patrick M. Flood, of Hotz, Weaver, Flood & Breitkreutz, Omaha, for appellants.

James B. Cavanagh, of Lieben, Whitted, Houghton, Slowiaczek & Cavanagh, P.C., L.L.O., Omaha, for appellee.

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

GERRARD, J.

Leo Dahlke and R.C.S. & Sons, Inc. (R.C.S.), entered into several loan agreements with Nebraska State Bank of Omaha (Bank), the appellee, in the spring of 2001. The loan proceeds were distributed via cashier's checks to Dahlke and R.C.S. On the loan documents, Dahlke and R.C.S. indicated that the purpose of the loans was to fund interests in the appellants. The appellants (Partnerships) are seven Nebraska partnerships that collectively filed an action...

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