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HENRY v. ROCKEY

No. S-93-828.

518 N.W.2d 658 (1994)

246 Neb. 398

Daniel HENRY, Individually and on Behalf of All Others Similarly Situated, Plaintiff, v. Dawn E. ROCKEY, Treasurer of the State of Nebraska, et al., Defendants.

Supreme Court of Nebraska.

July 15, 1994.

Attorney(s) appearing for the Case

Paula B. Hutchinson and, on brief, David Edward Cygan, Lincoln, for plaintiff.

Don Stenberg, Atty. Gen., and Lisa D. Martin-Price, Lincoln, for defendants.

John W. DeCamp, of DeCamp Legal Services, P.C., Lincoln, for amicus curiae Commonwealth State Securities American Sav. Litigation Committee.

HASTINGS, C.J., and WHITE, CAPORALE, FAHRNBRUCH, and LANPHIER, JJ., HANNON, Judge, and BLUE, District Judge.

PER CURIAM.

This is an original class action wherein Daniel Henry, a Nebraska resident taxpayer, challenges the constitutionality of 1993 Neb. Laws, L.B. 657. In that law, the Legislature appropriated a total of $16.5 million over 4 bienniums to reimburse depositors of the failed Commonwealth Savings Company, State Security Savings Company, and American Savings Company (hereinafter, collectively, Commonwealth creditors).

We find L.B. 657 to be unconstitutional...

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