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ELM CREEK STATE BANK v. DEPARTMENT OF BANKING

No. 39211.

216 N.W.2d 883 (1974)

191 Neb. 584

ELM CREEK STATE BANK, Appellant, v. DEPARTMENT OF BANKING of the State of Nebraska and Henry E. Ley, Appellees, Federal Deposit Insurance Corporation, Intervenor-Appellee.

Supreme Court of Nebraska.

April 4, 1974.

Attorney(s) appearing for the Case

Phyllis M. Beck, Creighton, Kenneth Cohn, Theodore J. Furry, Kansas City, Mo., for appellant.

Clarence A. H. Meyer, Atty. Gen., Ralph H. Gillan, Asst. Atty. Gen., Lincoln, for Department of Banking.

Tye, Worlock, Tye, Jacobsen & Orr, Kearney, for Federal Deposit Ins. Corp.

Heard before SPENCER, BOSLAUGH, McCOWN, NEWTON, and CLINTON, JJ., and WHITE, District Judge.

McCOWN, Justice.

This is an action by a state bank to enjoin further administrative proceedings by the Director of Banking, State of Nebraska, after the Director had taken possession of the bank and declared its insolvency in accordance with section 8-194, R.R.S.1943. The action here was brought under the provisions of section 8-195, R.R.S.1943. At the hearing the plaintiff bank requested a continuance. Upon denial of the continuance, the plaintiff bank refused to...

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