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BLITZKIE v. STATE

No. S-89-1175.

491 N.W.2d 42 (1992)

241 Neb. 759

LeRoy BLITZKIE, Appellant, v. STATE of Nebraska, Appellee.

Supreme Court of Nebraska.

October 23, 1992.

Attorney(s) appearing for the Case

C.J. Gatz, of Jewell, Gatz, Collins, Dreier & Fitzgerald, Norfolk, and Lyle Joseph Koenig, Hebron, for appellant.

Robert M. Spire, Atty. Gen., and John R. Thompson, Lincoln, for appellee.

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

HASTINGS, Chief Justice.

Plaintiff, LeRoy Blitzkie, appeals the action of the district court, which entered judgment in favor of the State of Nebraska in his suit for damages. In its memorandum order, the district court held that any warnings which plaintiff alleges the State failed to give as to the proximity of a pseudorabies outbreak would have been a discretionary act for which the State enjoys immunity under the State Tort Claims Act, Neb.Rev.Stat. § 81...

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