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STATE EX REL. WAGNER v. AMWEST SUR. INS.

No. S-06-049.

738 N.W.2d 813 (2007)

274 Neb. 121

STATE of Nebraska ex rel. L. Tim WAGNER, Director of Insurance of the State of Nebraska, Appellee v. AMWEST SURETY INSURANCE COMPANY, Appellee, and Sunhouse International, Inc., Claimant, Appellant.

Supreme Court of Nebraska.

August 17, 2007.

Attorney(s) appearing for the Case

Robert F. Craig, P.C., Omaha, for appellant.

John H. Binning, Robert L. Nefsky, and Jane F. Langan, of Rembolt Ludtke, L.L.P., Lincoln, for appellee L. Tim Wagner.

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

McCORMACK, J.

NATURE OF CASE

This is an appeal from an insurer liquidation proceeding under the Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act (the Act).1 Sunhouse International, Inc. (Sunhouse), appeals the district court's approval of a downgrade of Sunhouse's claim against Amwest Surety Insurance Company (Amwest) to a class 6 late-filed claim.2 Sunhouse did not receive actual...

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