STATE v. BELLAMY

No. S-01-727.

652 N.W.2d 86 (2002)

264 Neb. 784

STATE of Nebraska, Nebraska Equal Opportunity Commission, on behalf of Raymond Serrano et al., Appellant, v. Lanny BELLAMY, Appellee.

Supreme Court of Nebraska.

October 18, 2002.


Attorney(s) appearing for the Case

Don Stenberg, Attorney General, and Delores N. Coe-Barbee for appellant.

Melodie Turner Bellamy, Lincoln, for appellee.

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


McCORMACK, J.

NATURE OF CASE

The Nebraska Equal Opportunity Commission appeals from a decision of the district court for Dawson County awarding attorney fees to Lanny Bellamy. The district court determined that Bellamy was a "prevailing party" under Neb.Rev.Stat. § 20-341 (Reissue 1997) when the commission dismissed, without prejudice, the petition filed against him.

BACKGROUND

On September 12...

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