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MANDOLFO v. MANDOLFO

No. S-09-1175.

796 N.W.2d 603 (2011)

281 Neb. 443

Joseph MANDOLFO, appellant, v. Mario MANDOLFO and American National Bank, appellees.

Supreme Court of Nebraska.

May 6, 2011.

Attorney(s) appearing for the Case

Theodore R. Boecker, Jr. , of Boecker Law, P.C., L.L.O., Omaha, for appellant.

James B. Cavanagh and Brittney J. Krause , of Lieben, Whitted, Houghton, Slowiaczek & Cavanagh, P.C., L.L.O., Omaha, for appellees.

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

CONNOLLY, J.

Joseph Mandolfo (Joe) sued his brother Mario Mandolfo and American National Bank (ANB). Joe alleged that Mario had, with the assistance of ANB, wrongfully deposited checks into his own account. The district court granted summary judgment to Joe against Mario. The court, however, granted summary judgment to ANB, concluding that the statute of limitations barred Joe's claims. We conclude that Joe's common-law claims are displaced

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