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TUSH v. NEBRASKA DEPT. OF HEALTH

No. A-03-159.

688 N.W.2d 883 (2004)

13 Neb. App. 72

Gordon TUSH, appellee and cross-appellant, v. NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES, appellant and cross-appellee.

Court of Appeals of Nebraska.

November 16, 2004.

Attorney(s) appearing for the Case

Jon Bruning, Attorney General, and Douglas D. Dexter for appellant.

Joy Shiffermiller, of Polsky, Shiffermiller & Coe, for appellee.

IRWIN, MOORE, and CASSEL, Judges.

IRWIN, Judge.

I. INTRODUCTION

The Nebraska Department of Health and Human Services (DHHS) appeals from an order of the Lancaster County District Court, which order vacated the State Personnel Board's decision finding that DHHS had not violated statutory law in eliminating Gordon Tush's position as the director of DHHS' Division of Alcoholism, Drug Abuse, and Addiction Services. On appeal, DHHS' only assignment...

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