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MOORE BY AND THROUGH MOORE v. STATE

No. S-91-593.

515 N.W.2d 423 (1994)

245 Neb. 735

Nicole MOORE, By and Through her next friend, Eulish MOORE, and Eulish Moore, individually, Appellants and Cross-Appellees, v. STATE of Nebraska et al., Appellees and Cross-Appellants.

Supreme Court of Nebraska.

April 28, 1994.

Attorney(s) appearing for the Case

Van A. Schroeder, of Bertolini, Schroeder & Blount, Bellevue, for appellants.

Don Stenberg, Atty. Gen., and Royce N. Harper, Lincoln, for appellees.

HASTINGS, C.J., and BOSLAUGH, CAPORALE, FAHRNBRUCH, and LANPHIER, JJ.

BOSLAUGH, Justice.

This is an action by Nicole Moore and Eulish Moore for damages against the State of Nebraska, the Nebraska Department of Social Services (DSS), and DSS Director Kermit R. McMurry, under the State Tort Claims Act, Neb.Rev.Stat. § 81-8,209 et seq. (Reissue 1987 & Cum.Supp.1990). The plaintiffs' second amended petition sought recovery for their injuries arising out of the negligent placement of a foster child in their home.

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