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MERS v. NEBRASKA DEPT. OF BANKING

No. S-04-786.

704 N.W.2d 784 (2005)

270 Neb. 529

MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., appellant, v. NEBRASKA DEPARTMENT OF BANKING AND FINANCE, appellee.

Supreme Court of Nebraska.

October 21, 2005.

Attorney(s) appearing for the Case

James M. Pfeffer and Joseph T. Breckenridge, of Abrahams, Kaslow & Cassman, L.L.P., Omaha, for appellant.

Jon Bruning, Attorney General, and Fredrick F. Neid, Lincoln, for appellee.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

GERRARD, J.

NATURE OF CASE

Mortgage Electronic Registration Systems, Inc. (MERS), appealed an order of the Department of Banking and Finance (the Department), declaring that MERS is a "mortgage banker" under Neb.Rev.Stat. § 45-702 (Reissue 2004) and therefore subject to the license and registration requirements of the Mortgage Bankers Registration and Licensing Act (the Act), Neb. Rev.Stat. § 45-701 et seq. (Reissue 2004). The district court affirmed...

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