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BROOK VALLEY LTD. v. MUTUAL OF OMAHA BANK

No. S-10-043.

797 N.W.2d 748 (2011)

281 Neb. 455

BROOK VALLEY LIMITED PARTNERSHIP, a Nebraska limited partnership, and Brook Valley II, LTD, a Nebraska limited partnership, appellants, v. MUTUAL OF OMAHA BANK, formerly known as Nebraska State Bank of Omaha, a state banking institution, and Omaha Financial Holdings, Inc., a Nebraska corporation, successor to Midlands Financial Services, Inc., a Nebraska corporation, appellees.

Supreme Court of Nebraska.

May 6, 2011.

Attorney(s) appearing for the Case

Michael J. Mooney and Francie C. Riedmann , of Gross & Welch, P.C., L.L.O., Omaha, for appellants.

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

CONNOLLY, GERRARD, MCCORMACK, and MILLER-LERMAN, JJ., and IRWIN, Judge.

MILLER-LERMAN, J.

NATURE OF THE CASE

Appellants, Brook Valley Limited Partnership (BVLP) and Brook Valley II, LTD (BVII) (collectively the Partnerships), filed suit in 2004 in the district court for Sarpy County against Mutual of Omaha Bank, formerly known as Nebraska State Bank of Omaha, and Omaha Financial Holdings, Inc., successor to Midlands Financial Services, Inc. (collectively the Banks), for, inter alia, breach of fiduciary duty and conversion. The...

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