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STATE EX REL. WAGNER v. GILBANE BLDG. CO.

No. S-09-879.

786 N.W.2d 330 (2010)

280 Neb. 223

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. GILBANE BUILDING COMPANY, a Rhode Island corporation, appellant.

Supreme Court of Nebraska.

July 16, 2010.

Attorney(s) appearing for the Case

Robert F. Craig and Anna M. Bednar, of Robert F. Craig, P.C., Omaha, for appellant.

Michael S. Degan, of Husch, Blackwell & Sanders, L.L.P., Omaha, and Robert L. Nefsky, of Rembolt Ludtke, L.L.P., Lincoln, for appellee.

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

MILLER-LERMAN, J.

NATURE OF THE CASE

This case is on appeal to this court for the second time. See State ex rel. Wagner v. Gilbane Bldg. Co., 276 Neb. 686, 757 N.W.2d 194 (2008) (Gilbane I). The case generally involves whether four payments made by Amwest Surety Insurance Company (Amwest) to appellant Gilbane Building Company (Gilbane), shortly before Amwest went into liquidation...

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