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MILLMAN v. COUNTY OF BUTLER

No. 88-314.

458 N.W.2d 207 (1990)

235 Neb. 915

J.T. MILLMAN, Personal Representative of the Estate of Christopher T. Duncan, Deceased, Appellant, v. COUNTY OF BUTLER, Nebraska, Appellee.

Supreme Court of Nebraska.

July 27, 1990.

Attorney(s) appearing for the Case

Rollin R. Bailey, of Bailey, Polsky, Cada, Todd & Cope, Lincoln, for appellant.

Peter C. Bataillon and Edward F. Noethe, of Sodoro, Daly & Sodoro, Omaha, for appellee.

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

SHANAHAN, Justice.

On December 30, 1985, J.T. Millman, personal representative of the estate of Christopher T. Duncan, deceased, filed a wrongful death action in the district court for Butler County against the County of Butler, Nebraska. Millman filed the action under the Political Subdivisions Tort Claims Act, Neb.Rev.Stat. §§ 23-2401 et seq. (Reissue 1983 & Cum.Supp.1986). The district court concluded that it lacked subject matter jurisdiction and...

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