The purpose of this Note is to analyze the status of mutuality in Nebraska as evidenced by the recent decision in Vincent v. Peter Pan Bakers, Inc. in light of the B. R. DeWitt, Inc. v. Hall decision and to propose a full-and-fair opportunity standard for Nebraska.

I. Introduction

II. Mutuality in New York: A Dead Letter

III. After DeWitt: Full-and-Fair Opportunity

IV. The Nebraska Position

V. Conclusion: The Shadow DeWitt Casts on the Nebraska Position