NEB. METH. HEALTH v. DEPT. OF HEALTH

No. S-94-356.

543 N.W.2d 466 (1996)

249 Neb. 405

NEBRASKA METHODIST HEALTH SYSTEM, INC., Appellant, v. DEPARTMENT OF HEALTH OF the STATE OF NEBRASKA, et al., Appellees.

Supreme Court of Nebraska.

February 23, 1996.


Attorney(s) appearing for the Case

John R. Holdenried and Steven D. Davidson, of Baird, Holm, McEachen, Pedersen, Hamann & Strasheim, Omaha, for appellant.

Don Stenberg, Attorney General, and Roger S. Brink, Special Assistant Attorney General; Charles M. Pallesen, of Cline, Williams, Wright, Johnson & Oldfather, Lincoln; and Charles V. Sederstrom, Jr., of Erickson & Sederstrom, P.C., Omaha, for appellees.

WHITE, C.J., and FAHRNBRUCH, LANPHIER, and CONNOLLY, JJ., and TROIA and GLESS, District Judges.


LANPHIER, Justice.

This is an appeal from the district court for Lancaster County in an action pursuant to the Administrative Procedure Act to review an order of the director of the Department of Health. As stated in the following analysis, in order to vest the district court with personal jurisdiction over a state agency in a case arising under the Administrative Procedure Act, the petitioner must serve summons upon the Attorney General. However, lack of personal...

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