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SHOECRAFT v. CATHOLIC SOCIAL SERVICES BUREAU

No. 85-657.

385 N.W.2d 448 (1986)

222 Neb. 574

Jerry D. SHOECRAFT, Appellee, v. CATHOLIC SOCIAL SERVICES BUREAU, INCORPORATED, a Nonprofit Nebraska Corporation, and John Doe and Mary Doe, Real and True Names Unknown, Appellants, Department of Social Services, State of Nebraska, Appellee.

Supreme Court of Nebraska.

April 25, 1986.

Attorney(s) appearing for the Case

James M. Kelley, and Patrick W. Healey of Healey, Brown, Wieland, Kluender, Atwood & Jacobs, Lincoln, for appellants.

Roger C. Lott, Lincoln, for appellee Shoecraft.

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

WHITE, Justice.

This is an appeal from an order of the district court for Lancaster County holding that Neb.Rev.Stat. §§ 43-104.02 et seq. (Reissue 1984) are void as violative of the U.S. and Nebraska constitutional guarantees of due process and equal protection. Section 43-104.02 provides in part:

(1) Relinquishment or consent for the purpose of adoption given only by a mother of a child born out of wedlock pursuant to section 43-104 shall be sufficient...

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