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ROOS v. KFS BD, INC.

No. S-09-477.

799 N.W.2d 43 (2010)

280 Neb. 930

Allen ROOS and Dean Roos, Cotrustees of the Leslie D. Roos and Ruby S. Roos Trust, et al., appellants, v. KFS BD, INC., a Nebraska Corporation, and Mutual of Omaha Insurance Company, a Nebraska Corporation, 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 and Andre R. Barry , of Cline, Williams, Wright, Johnson & Oldfather, L.L.P., Lincoln, 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.

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

CONNOLLY, J.

I. SUMMARY

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, and Mutual of Omaha Insurance Company (collectively the defendants). The appellants' theories of recovery hinged on the following allegations: (1) Kirkpatrick Pettis misrepresented to them and to federal regulators...

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