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CASTELLANO v. BITKOWER

No. 82-806.

346 N.W.2d 249 (1984)

216 Neb. 806

Rocco H. CASTELLANO, also known as Rock H. Castellano, Appellee, v. Samuel BITKOWER, Appellant.

Supreme Court of Nebraska.

March 23, 1984.

Attorney(s) appearing for the Case

Ronald Rosenberg of Rosenberg, Gibson & Taute, Lincoln, for appellant.

Joseph J. Cariotto, Lincoln, for appellee.

BOSLAUGH, WHITE, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ.

SHANAHAN, Justice.

Samuel Bitkower appeals a judgment in the Lancaster County District Court on a verdict in favor of Rocco Castellano for $53,000, as a result of an action on two lost promissory notes. We reverse and remand for a new trial.

On September 17, 1980, Castellano filed his petition alleging the following: On August 19, 1975, Bitkower made two promissory notes payable to Castellano on demand; one note was for $26,000, while the other was for $30...

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