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CORNHUSKER CHRISTIAN CHILD. HOME v. DSS

No. 86-055.

416 N.W.2d 551 (1987)

227 Neb. 94

CORNHUSKER CHRISTIAN CHILDREN'S HOME, INC., a Nebraska Nonprofit Corporation, Appellee, v. DEPARTMENT OF SOCIAL SERVICES of the STATE OF NEBRASKA et al., Appellants.

Supreme Court of Nebraska.

December 11, 1987.

Attorney(s) appearing for the Case

Robert M. Spire, Atty. Gen., and Royce N. Harper, Lincoln, for appellants.

Steven G. Seglin of Crosby, Guenzel, Davis, Kessner & Kuester, Lincoln, for appellee.

BOSLAUGH, C.J., Pro Tem., WHITE, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ., and COLWELL, District Judge, Retired.

PER CURIAM.

This is an appeal from a judgment entered by the district court for Lancaster County in favor of Cornhusker Christian Children's Home, Inc. (Cornhusker), and against the Department of Social Services (DSS) of the State of Nebraska. In December 1984 Cornhusker brought a declaratory action, asserting that the DSS regulation in Neb.Admin.Code tit. 474, ch. 6, § 6-005.26K (1983) (Regulation 6-005.26K) contravenes state common and statutory law (Neb.Rev...

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