Kash v. McDERMOTT & MILLER, PC

This is an appeal from an order of the Douglas County District Court sustaining the defendants-appellees’ plea in abatement and dismissing without prejudice the plaintiffs-appellants’ petition.

Plaintiffs, Louis Kash, Gerald Hruza, and Larry Schelm, were three stockholders in the Niobrara Investment Company, a holding company whose primary asset was the stock of the Bank of Niobrara (Bank), Niobrara, Nebraska. The defendants are certified public accountants who were retained to perform directors’ examinations for the Bank and to provide general financial and accounting advice to the Bank.

In…