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BSB CONST., INC. v. PINNACLE BANK

No. S-09-018.

776 N.W.2d 188 (2009)

278 Neb. 1027

BSB CONSTRUCTION, INC., a Nebraska corporation, appellee and cross-appellant, v. PINNACLE BANK, a Nebraska corporation, appellant and cross-appellee.

Supreme Court of Nebraska.

December 4, 2009.

Attorney(s) appearing for the Case

Todd R. McWha and S. David Schreiber, of Waite, McWha & Harvat, North Platte, for appellant.

Nichole S. Bogen, of Wolfe, Snowden, Hurd, Luers & Ahl, L.L.P., Lincoln, for appellee.

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

MILLER-LERMAN, J.

NATURE OF THE CASE

This appeal involves the release of funds by appellant, Pinnacle Bank (Pinnacle), from an escrow account for the benefit of appellee and cross-appellant, BSB Construction, Inc. (BSB), to an entity other than BSB. BSB had contracted with TC Properties LLC to construct two roads in a community development. An online bank account was opened with Pinnacle, and money was deposited...

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