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STATE EX REL. WOOD v. FISHER FOODS, LTD.

No. S-96-222.

581 N.W.2d 409 (1998)

254 Neb. 982

STATE of Nebraska ex rel. Randolph WOOD, Director, Department of Environmental Quality, Appellant, v. FISHER FOODS, LTD., A Nebraska Corporation, Appellee.

Supreme Court of Nebraska.

July 10, 1998.

Attorney(s) appearing for the Case

Don Stenberg, Attorney General, and William L. Howland, Lincoln, for appellant.

James E. Gordon, of DeMars, Gordon, Olson, Recknor & Shively, Lincoln, for appellee.

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

GERRARD, Justice.

The State of Nebraska filed a petition in district court, seeking the recovery of a civil penalty from Fisher Foods, Ltd., for violations of Nebraska's Environmental Protection Act (EPA). Fisher Foods demurred to the petition on the basis that the district court lacked subject matter jurisdiction. Agreeing with Fisher Foods, the district court found that subject matter jurisdiction had not been conferred upon it because the State failed to issue...

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