MITCHELL v. TEAM FINANCIAL, INC.

No. A-05-1271.

740 N.W.2d 368 (2007)

16 Neb. App. 14

John C. MITCHELL, Appellee and Cross-Appellant, v. TEAM FINANCIAL, INC., et al., Appellants and Cross-Appellees.

Court of Appeals of Nebraska.

October 9, 2007.


Attorney(s) appearing for the Case

Alan E. Pedersen of McGill, Gotsdiner, Workman & Lepp, P.C., L.L.O., Omaha, for appellants.

Richard A. DeWitt and David J. Skalka of Croker, Huck, Kasher, DeWitt, Anderson & Gonderinger, L.L.C., Omaha, for appellee.

IRWIN, SIEVERS, and CASSEL, Judges.


IRWIN, Judge.

I. INTRODUCTION

Team Financial, Inc. (TFIN), Team Financial Acquisition Subsidiary, Inc. (TAC), and TeamBank, N.A. (collectively the Defendants), appeal a judgment of the district court for Douglas County granting summary judgment in favor of John C. Mitchell and denying partial summary judgment for the Defendants. On appeal, the Defendants assert the district court erred in finding that a provision under an agreement with Mitchell constituted...

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