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MOONEY v. GORDON MEMORIAL HOSP. DIST.

No. S-03-311.

682 N.W.2d 253 (2004)

268 Neb. 273

Yvonne MOONEY, Personal Representative of the Estate of Ada I. Hamilton, deceased, Appellee, v. GORDON MEMORIAL HOSPITAL DISTRICT, a Nebraska political subdivision, doing business as Gordon Countryside Care Center, Appellant.

Supreme Court of Nebraska.

July 2, 2004.

Attorney(s) appearing for the Case

Lyman L. Larsen, Neil B. Danberg, and Andrew C. McElmeel, of Stinson, Morrison & Hecker, L.L.P., Omaha, for appellant.

Michael J. Javoronok, of Michael J. Javoronok Law Firm, Scottsbluff, and Patrick M. Connealy, of Crites, Shaffer, Connealy, Watson & Harford, Chadron, for appellee.

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

GERRARD, J.

After a bench trial resulting in an unfavorable verdict, Yvonne Mooney, the plaintiff, filed a motion for new trial, based on her allegation that the district court judge had not been fair and impartial. The court granted Mooney's motion for new trial. The primary issues presented in this appeal are whether Mooney's objection to the judge's conduct was timely and, if so, whether Mooney's allegations were sufficient...

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