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eBook details

• Title: First National Bank Omaha v. State
• Author : Supreme Court of Nebraska
• Release Date : January 21, 1992
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

The district court sustained the demurrer of the defendant-appellee, State of Nebraska, to the third amended petition filed by the plaintiff-appellant, First National Bank of Omaha, and dismissed the suit. First National has appealed, asserting, in summary, that the district court erred in concluding that it failed to state a cause of action. We affirm. First National instituted its suit under the provisions of the State Tort Claims Act, Neb. Rev. Stat. § 81-8,209 et seq. (Reissue 1987). In First Nat. Bank of Omaha v. State, 230 Neb. 259, 430 N.W.2d 893 (1988) (First Nat. Bank of Omaha I), this court affirmed the sustainment of the State's demurrer, but reversed the order of dismissal, writing that ""it is reasonably possible that [First National] may be able to state a cause of action in support of its theory of recovery."" Id. at 268, 430 N.W.2d at 900. First National thereafter filed an amended petition, and the State again successfully demurred. First National responded by filing the petition which is the subject of this appeal.

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