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MUTUAL OF OMAHA BANK v. KASSEBAUM

No. S-11-749.

814 N.W.2d 731 (2012)

283 Neb. 952

MUTUAL OF OMAHA BANK, appellee, v. Patrick J. KASSEBAUM and April M. Kassebaum, appellants, and Timothy R. Engler, appellee.

Supreme Court of Nebraska.

June 1, 2012.

Attorney(s) appearing for the Case

Katie Martens , of Ritnour & Associates, P.C., L.L.O., and, on brief, Matthew S. Torres for appellants.

William F. Austin , of Erickson & Sederstrom, P.C., and, on brief, William C. Nelson , Lincoln, for appellee Mutual of Omaha Bank.

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

HEAVICAN, C.J.

INTRODUCTION

Mutual of Omaha Bank (Bank) filed a petition seeking declaratory judgment against Patrick J. Kassebaum and April M. Kassebaum. In particular, the Bank sought to have the district court declare the rights of the parties with respect to an assignment executed by the Kassebaums. The Kassebaums filed a motion to dismiss or, in the alternative, a motion for summary judgment, alleging that the assignment was ineffective. The district...

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