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CLEMENS v. HARVEY

No. S-93-898.

525 N.W.2d 185 (1994)

247 Neb. 77

Crystal CLEMENS et al., Individually and on Behalf of All Others Similarly Situated, Appellants, v. Mary Dean HARVEY, Director of the Nebraska Department of Social Services, and the Nebraska Department of Social Services, Appellees.

Supreme Court of Nebraska.

December 23, 1994.

Attorney(s) appearing for the Case

John B. Milligan, of Legal Services of Southeast Neb., Georgiene Radlick-Wagoner, of Western Neb. Legal Services, Milo Alexander, of Legal Aid Society, Inc., and D. Milo Mumgaard, of Neb. Center for Legal Services, for appellants.

Don Stenberg, Atty. Gen., Royce N. Harper, and Michael J. Rumbaugh, Sp. Asst. Atty. Gen., for appellees.

HASTINGS, C.J., and WHITE, CAPORALE, FAHRNBRUCH, LANPHIER, and WRIGHT, JJ. and BOSLAUGH, J., Retired.

WRIGHT, Justice.

The appellants, Crystal Clemens, Garaline Ashley, Charlene Carriker, and Christine Perault, brought a declaratory action as a class of individuals challenging the Nebraska Department of Social Services' (DSS) revision of a regulation which terminated their eligibility for a medical assistance program. The action was submitted to the Lancaster County District Court for trial on a stipulation of facts, and...

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