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PRENDERGAST v. NELSON

No. 41199.

256 N.W.2d 657 (1977)

199 Neb. 97

Richard A. PRENDERGAST, Harlan L. Papenfuss, and St. Elizabeth Community Health Center, a corporation, Appellees, v. Earl Benjamin NELSON , Director of Insurance, State of Nebraska, Appellant.

Supreme Court of Nebraska.

July 20, 1977.

Attorney(s) appearing for the Case

Paul L. Douglas, Atty. Gen., Terry R. Schaaf, Asst. Atty. Gen., Lincoln, for appellant.

Erickson, Sederstrom, Johnson & Fortune, Omaha, on brief for Prendergast.

Cline, Williams, Wright, Johnson & Oldfather, Lincoln, on brief for St. Elizabeth's Community Health Center.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, McCOWN, CLINTON, BRODKEY and WHITE, JJ.

SPENCER, Justice.

This is a declaratory judgment action seeking a determination of the constitutionality of the Nebraska Hospital-Medical Liability Act, sections 44-2801 to 44-2855, R.S. Supp.1976. Plaintiffs are Richard A. Prendergast, a qualified and practicing nurse anesthetist, Harlan L. Papenfuss, a licensed and practicing physician, and St. Elizabeth Community Health Center, a nonprofit Nebraska corporation. Defendant is the Director of Insurance for the State...

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