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McFADDEN RANCH, INC. v. McFADDEN

No. A-11-260.

807 N.W.2d 785 (2011)

19 Neb. App. 366

McFADDEN RANCH, INC., a Nebraska corporation, appellee, v. John "Jake" McFADDEN, appellant.

Court of Appeals of Nebraska.

December 6, 2011.

Attorney(s) appearing for the Case

William J. Troshynski , of Brouillette Law Office, P.C., L.L.O., for appellant.

Terrance O. Waite and S. David Schreiber , of Waite, McWha & Schreiber, North Platte, for appellee.

IRWIN, MOORE, and CASSEL, Judges.

CASSEL, Judge.

I. INTRODUCTION

John "Jake" McFadden (Jake) appeals from the order of the district court entering summary judgment in favor of McFadden Ranch, Inc., on its breach of fiduciary duty, constructive fraud, and conversion causes of action. Because McFadden Ranch adduced sufficient evidence to establish that it was entitled to judgment as a matter of law for breach of fiduciary duty and fraud, but not for conversion, we adjust the damages award...

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