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NORTHLAND INS. CO. v. STATE

No. S-90-020.

492 N.W.2d 866 (1992)

242 Neb. 10

NORTHLAND INSURANCE COMPANY, a Corporation, and The Travelers Companies, a Corporation, Appellants, v. STATE of Nebraska, Appellee.

Supreme Court of Nebraska.

December 11, 1992.

Attorney(s) appearing for the Case

J. Joseph McQuillan and Betty L. Egan of Walentine, O'Toole, McQuillan & Gordon, Omaha, for appellants.

Don Stenberg, Atty. Gen., and Lynne R. Fritz, Lincoln, for appellee.

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

FAHRNBRUCH, Justice.

Succinctly, the issue in this case of first impression is whether under Nebraska's State Tort Claims Act the State of Nebraska may be sued for contribution as an alleged joint tort-feasor.

In sustaining the State's demurrer to the appellants' petition for such relief, the district court for Dawes County held that it lacked subject matter jurisdiction because it found that a contribution claim...

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