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STATE EX REL. WAGNER v. KAY

No. A-05-130.

722 N.W.2d 348 (2006)

15 Neb. App. 85

STATE of Nebraska ex rel. L. Tim WAGNER, Director of Insurance of the State of Nebraska, as Liquidator of Amwest Surety Insurance Company, appellee, v. Steven R. KAY et al., appellees, and Mary Scheiner, appellant.

Court of Appeals of Nebraska.

October 10, 2006.

Attorney(s) appearing for the Case

Cathy S. Trent and Stephen L. Ahl, of Wolfe, Snowden, Hurd, Luers & Ahl, L.L.P., Lincoln, for appellant.

Mark I. Wallach and Sharon A. Luarde, Cleveland, OH, of Calfee, Halter & Griswold, L.L.P., and John H. Binning, Robert L. Nefsky, and Jane F. Langan, Lincoln, of Rembolt Ludtke, L.L.P., for appellee L. Tim Wagner.

INBODY, Chief Judge, and MOORE and CASSEL, Judges.

MOORE, Judge.

INTRODUCTION

L. Tim Wagner, Director of Insurance of the State of Nebraska, as the liquidator of Amwest Surety Insurance Company (Amwest), filed suit against the former directors and officers of Amwest, including Mary Scheiner, for breaches of certain fiduciary obligations. The district court for Lancaster County considered whether the claims relating to Scheiner should be resolved through binding arbitration. The court denied Scheiner's motion...

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