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KNIGHTS OF COLUMBUS COUNCIL 3152 v. KFS BD

No. S-09-225.

791 N.W.2d 317 (2010)

280 Neb. 904

KNIGHTS OF COLUMBUS COUNCIL 3152 et al., appellants, v. KFS BD, INC., a Nebraska corporation, et al., appellees.

Supreme Court of Nebraska.

December 10, 2010.

Attorney(s) appearing for the Case

J.L. Spray and Randall V. Petersen , Lincoln, of Mattson, Ricketts, Davies, Stewart & Calkins, for appellants.

James M. Bausch , Omaha, and Andre R. Barry , Lincoln, of Cline, Williams, Wright, Johnson & Oldfather, L.L.P., for appellee KFS BD, Inc.

Joseph E. Jones and Timothy J. Thalken , of Fraser Stryker, P.C., L.L.O., Omaha, for appellee Mutual of Omaha Insurance Company.

Daniel E. Klaus , of Rembolt Ludtke, L.L.P., Lincoln, for appellees Reid D. Houser and Jeffrey N. Sime.

Gail S. Perry and Derek C. Zimmerman , of Baylor, Evnen, Curtiss, Grimit & Witt, L.L.P., Lincoln, for appellees Richard A. Witt and Kenneth R. Cook.

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

CONNOLLY, J.

The appellants are former customers of Rebecca Engle, a stockbroker formerly employed by Kirkpatrick Pettis, the predecessor of KFS BD, Inc. The appellants sued KFS BD, a Nebraska corporation and Mutual of Omaha company; Mutual of Omaha Insurance Company; and officers of these two firms (collectively the defendants). The appellants alleged claims of vicarious liability, breach of contract, fraudulent misrepresentation, negligent misrepresentation, and...

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