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STATE EX REL. CHERRY v. BURNS

No. S-99-043.

602 N.W.2d 477 (1999)

258 Neb. 216

The STATE of Nebraska ex rel. John D. CHERRY, M.D., et al., Relators, v. Judge Steven D. BURNS, Respondent.

Supreme Court of Nebraska.

November 19, 1999.

Attorney(s) appearing for the Case

Don Stenberg, Attorney General, and Therese N. James, West Point, for relators.

Gail S. Perry and Jarrod S. Boitnott, of Baylor, Evnen, Curtiss, Grimit & Witt, Lincoln, for respondent.

Patrick Ronald Russell, amicus curiae.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

MILLER-LERMAN, J.

NATURE OF CASE

John D. Cherry, M.D., and Randy Lienneman, P.A.C., in their individual and official capacities, and Reynold Maixner, M.D., deceased, in his official capacity only (the Relators), seek a writ of mandamus compelling the district judge for Lancaster County, Judge Steven D. Burns (the Respondent), to grant a jury trial in an action brought against them by Patrick Ronald Russell. We granted leave to file this original action and...

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