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MIRACLE HILLS CENTRE v. NEB. NAT. BANK

No. 86-1035.

434 N.W.2d 304 (1989)

230 Neb. 899

MIRACLE HILLS CENTRE LIMITED PARTNERSHIP, Appellee and Cross-Appellant, v. NEBRASKA NATIONAL BANK OF OMAHA, Appellant and Cross-Appellee.

Supreme Court of Nebraska.

January 20, 1989.

Attorney(s) appearing for the Case

Virgil J. Haggart, Jr., of Daub Haggart & Rebensdorf, Omaha, for appellant and cross-appellee.

James F. Fenlon and William G. Stockdale, of Harris, Feldman Law Offices, Omaha, for appellee and cross-appellant.

William B. Brandt and Robert J. Hallstrom, of Brandt, Horan, Hallstrom and Sedlacek, Nebraska City, for amicus curiae Nebraska Bankers Ass'n, Inc.

BOSLAUGH, SHANAHAN, and GRANT, JJ., and ENDACOTT and QUIST, District Judges.

QUIST, District Judge.

Plaintiff-appellee, Miracle Hills Centre Limited Partnership (Miracle Hills), sought an accounting from defendant-appellant, Nebraska National Bank of Omaha (bank), claiming the bank wrongfully converted funds deposited to an account that Financial Structures, Inc. (FSI), maintained with the bank. FSI was the general contractor on a construction project for Miracle Hills. In its petition, Miracle Hills asked the court to impose an implied trust...

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