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BRUMMELS v. TOMASEK

No. S-05-1548.

731 N.W.2d 585 (2007)

273 Neb. 573

Timothy BRUMMELS, appellant and cross-appellee, v. Tom TOMASEK and MJR Enterprises, Inc., doing business as Tax and Business Consultants, appellees and cross-appellants, and Roger Davis and Bank of Bennington, appellees.

Supreme Court of Nebraska.

May 18, 2007.

Attorney(s) appearing for the Case

Gregory C. Scaglione and Heather S. Voegele, of Koley Jessen, P.C., L.L.O., Omaha, for appellant.

P. Shawn McCann, of Sodoro, Daly & Sodoro, P.C., Omaha, for appellees Tom Tomasek and MJR Enterprises, Inc.

James J. Niemeier and Michael T. Eversden, of McGrath, North, Mullin & Kratz, P.C., L.L.O., Omaha, for appellee Bank of Bennington.

Betty L. Egan and Kylie A. Wolf, of Walentine, O'Toole, McQuillan & Gordon, Omaha, for appellee Roger Davis.

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

MILLER-LERMAN, J.

I. NATURE OF CASE

Timothy Brummels, appellant, filed his third amended complaint in the district court for Douglas County against Tom Tomasek; MJR Enterprises, Inc., doing business as Tax and Business Consultants (MJR); Dennis L. Carlson; Roger Davis; and the Bank of Bennington, appellees. In his operative complaint, Brummels set forth four separate claims for relief entitled "Fraud," "Negligent Misrepresentation," "Fraudulent Concealment...

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