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OMAHA NAT. BANK v. SPIRE

No. 85-471.

389 N.W.2d 269 (1986)

223 Neb. 209

The OMAHA NATIONAL BANK, a Corporation, Appellant, v. Robert M. SPIRE, Attorney General of the State of Nebraska, Appellee.

Supreme Court of Nebraska.

June 20, 1986.

Attorney(s) appearing for the Case

James W.R. Brown and Thomas R. Brown of Fitzgerald, Brown, Leahy, Strom, Schorr & Barmettler, Omaha, for appellant.

Robert M. Spire, Atty. Gen., and Bernard L. Packett, Lincoln, for appellee.

Charles E. Wright and Kathleen A. Jaudzemis of Cline, Williams, Wright, Johnson & Oldfather, Lincoln, for amicus curiae First Nat. Bank & Trust Co. of Lincoln.

Richard L. Berkheimer and Carmen K. Maurer of Knudsen, Berkheimer, Richardson & Endacott, Lincoln, for amicus curiae Nat. Bank of Commerce Trust and Sav. Ass'n.

Vard R. Johnson of Broom & Johnson, Omaha, for amici curiae Hall et al.

KRIVOSHA, C.J., and BOSLAUGH, CAPORALE, SHANAHAN, and GRANT, JJ., and McCOWN, J., Retired, and COLWELL, D.J., Retired.

GRANT, Justice.

This is a declaratory judgment action brought by the plaintiff-appellant, The Omaha National Bank, a corporation, against the defendant-appellee, Attorney General of the State of Nebraska. Omaha National alleged in its petition that it was a corporation organized under the laws of the United States (a national bank) and was authorized to, and did, carry on a banking business in the State of Nebraska, including owning title to real estate as a corporation...

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