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PATTESON v. JOHNSON

No. 84-876.

367 N.W.2d 123 (1985)

219 Neb. 852

Chuck R. PATTESON, Appellee and Cross-Appellant, v. Ray A.C. JOHNSON, Appellant and Cross-Appellee.

Supreme Court of Nebraska.

May 3, 1985.

Attorney(s) appearing for the Case

Paul L. Douglas, Atty. Gen., and Sharon M. Lindgren, Lincoln, for appellant and cross-appellee.

James B. Gessford of Perry, Perry, Witthoff, Guthery, Haase & Gessford, P.C., Lincoln, for appellee and cross-appellant.

Theodore L. Kessner of Crosby, Guenzel, Davis, Kessner & Kuester, Lincoln, for amicus curiae Nebraska State Educ. Ass'n.

KRIVOSHA, C.J., and BOSLAUGH, WHITE, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ.

CAPORALE, Justice.

This court, pursuant to the provisions of Neb.Rev.Stat. § 24-219 (Cum.Supp.1984), accepted two questions of law certified to it by the U.S. Court of Appeals for the Eighth Circuit. In response thereto we reaffirm our earlier determination that Neb.Rev.Stat. § 20-148 (Reissue 1983) does not constitute a waiver of sovereign immunity by the State of Nebraska for actions brought in federal court under 42 U.S.C. § 1983 (1982). We also...

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