SWIFT v. NORWEST BANK — OMAHA WEST

No. S-11-914.

828 N.W.2d 755 (2013)

285 Neb. 619

Mary C. SWIFT, Appellant, v. NORWEST BANK — OMAHA WEST, now known as Wells Fargo, Inc., A Banking Corporation, Appellee.

Supreme Court of Nebraska.

April 5, 2013.


Attorney(s) appearing for the Case

Michael J. O'Bradovich , Omaha, for appellant.

Scott D. Jochim and Robert M. Gonderinger , of Croker, Huck, Kasher, DeWitt, Anderson & Gonderinger, L.L.C., Omaha, for appellee.

Robert J. Hallstrom , of Brandt, Horan, Hallstrom & Stilmock, Syracuse, for amicus curiae Nebraska Bankers Association, Inc.

HEAVICAN, C.J., WRIGHT, CONNOLLY, McCORMACK, and MILLER-LERMAN, JJ., and INBODY, Chief Judge, and PIRTLE, Judge.


WRIGHT, J.

NATURE OF CASE

On November 30, 2009, Mary C. Swift filed suit against Norwest Bank — Omaha West (Norwest), seeking judgment for principal and interest allegedly due and owing on a $15,000 certificate of deposit (CD) opened by her mother on July 19, 1984. Wells Fargo, Inc., is Norwest's successor in interest. The district court sustained Wells Fargo's motion for summary judgment, finding that Swift's claims were barred by the applicable...

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