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MILLER v. HORTON

No. S-96-534.

574 N.W.2d 112 (1998)

253 Neb. 1009

Thomas E. MILLER, D.D.S., Appellee, v. Mark B. HORTON, M.D., M.S.P.H., Director of Health, et al., Appellants.

Supreme Court of Nebraska.

February 13, 1998.

Attorney(s) appearing for the Case

Don Stenberg, Attorney General, and Melanie J. Whittamore-Mantzios, Lincoln, for appellants.

Fredric H. Kauffman and Susan Kubert Sapp, of Cline, Williams, Wright, Johnson & Oldfather, Lincoln, for appellee.

CAPORALE, CONNOLLY, GERRARD, STEPHAN, and McCORMACK, JJ., and CHEUVRONT, District Judge.

McCORMACK, Justice.

This case is an appeal by Mark B. Horton, Director of Health; the Nebraska Department of Health; and the State of Nebraska ex rel. Don Stenberg, Attorney General (all hereinafter State), from a decision of the district court for Lancaster County, Nebraska. The action was begun by the then Department of Health as a disciplinary action under the Administrative Procedure Act (Act), Neb.Rev.Stat. § 84-901 et seq. (Reissue 1987 & Cum.Supp.1992...

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