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  5. 571 N.W.2d 317 (1997)
 

STATE EX REL. STENBERG v. MOORE

No. S-97-040.

571 N.W.2d 317 (1997)

253 Neb. 535

STATE of Nebraska ex rel. Don STENBERG, Attorney General of the State of Nebraska, Relator, v. Scott MOORE, Secretary of State of the State of Nebraska, Respondent.

Supreme Court of Nebraska.

December 12, 1997.

Attorney(s) appearing for the Case

Don Stenberg, Attorney General, L. Steven Grasz, Dale A. Comer, and Fredrick F. Neid, Lincoln, for relator.

David C. Mussman and Linda W. Rohman, of Erickson & Sederstrom, P.C., Lincoln, for respondent.

WHITE, C.J., and CAPORALE, WRIGHT, CONNOLLY, GERRARD, STEPHAN, and McCORMACK, JJ.

WRIGHT, Justice.

This is an original action filed by the Attorney General of the State of Nebraska (relator) against the Secretary of State (respondent) to determine the rights of certain affected noncertificated employees to retirement benefits under the provisions of the School Employees Retirement Act (Act), Neb.Rev.Stat. §§ 79-901 to 79-977.01 (Reissue 1996).

FACTS

This is a civil action in which the State of Nebraska is a party. The...

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