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BLANKENAU v. STATE

No. S-89-1366.

489 N.W.2d 315 (1992)

241 Neb. 520

John BLANKENAU, Special Administrator of the Estate of Michael John Blankenau, Deceased, Appellee, v. STATE of Nebraska, Appellant.

Supreme Court of Nebraska.

September 18, 1992.

Attorney(s) appearing for the Case

Robert M. Spire, Atty. Gen., and Douglas J. Peterson, Lincoln, for appellant.

James R. Welsh, of Welsh & Sibbernsen, Omaha, for appellee.

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

HASTINGS, Chief Justice.

This is a companion case of, arose out of the same accident as, was based on the evidence submitted in, and is controlled by Maresh v. State, 241 Neb. 496, 489 N.W.2d 298 (1992), decided this date. The State of Nebraska has appealed the judgment order of the district court entered on November 6, 1989, sustaining the motion for summary judgment filed by the plaintiff...

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