Following our review, we conclude that the district court did not err in determining there had been a breach of fiduciary duty, imposing a constructive trust, and accounting therefor. The district court, inter alia, ordered Bellino to pay Anderson and Lottery $644,992.63, representing sums by which Keno had been improperly diminished and other sums Bellino had inequitably received in connection with the operation of Keno, which amount could be reduced by $172,514.63 if Bellino were successfully to transfer the stock of Keno to Lottery and persuade the city of LaVista to relicense the keno contract from Keno in favor of Lottery.īellino and Keno appeal. In view of the breach of fiduciary duty and in furtherance of the constructive trust, following the accounting phase of the trial, the district court awarded relief to Anderson and Lottery.

The district court denied Bellino relief on his claim for a setoff and on his counterclaim. The district court imposed a constructive trust upon Keno for the benefit of Anderson and Lottery and reserved further ruling until completion of the accounting phase of the case. The district court reached this conclusion because Bellino had formed his own corporation, Keno, and had successfully bid against Lottery for the 1998 contract to operate a keno parlor in LaVista, Nebraska. At the conclusion of the liability phase, the district court concluded that Bellino, an officer, director, and 50-percent shareholder in Lottery, had breached the duty of '`utmost good faith and loyalty'' which he owed to Anderson and Lottery. Bellino and Keno denied the critical allegations in the petition, and Bellino further responded by filing a claim for a setoff and a counterclaim seeking, inter alia, compensation for services he had provided to Lottery.

Anderson and Lottery alleged that Bellino had breached a fiduciary duty he owed to Anderson and Lottery by usurping a corporate opportunity belonging to Lottery and directing such opportunity to Keno. (Lottery), brought this action in Cass County District Court against appellants, Richard T.

*650 HENDRY, C.J., and WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.Īppellees, Robert L. Guinan, of Erickson & Sederstrom, P.C., Omaha, for appellees. Folts, of McGrath, North, Mullin & Kratz, P.C., Omaha, for appellants. BELLINO and LaVista Keno, Inc., Appellants. ANDERSON and LaVista Lottery, Inc., Appellees,

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