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ZACH v. EACKER

No. S-05-290.

716 N.W.2d 437 (2006)

271 Neb. 868

Loree ZACH, individually and as parent, natural guardian and next friend of Andrew Zach et al., minor children, appellant, v. Patti EACKER, as parent, natural guardian and next friend of Preston Zach et al., minor children, appellee.

Supreme Court of Nebraska.

June 23, 2006.

Attorney(s) appearing for the Case

James G. Egley, of Moyer, Moyer, Egley, Fullner & Montag, Madison, for appellant.

Kathleen Koenig Rockey and Michelle M. Baumert, Norfolk, of Copple & Rockey, P.C., for appellee.

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

STEPHAN, J.

The Public Employees Retirement Board (Board) determined that the noncustodial minor children of deceased Nebraska State Trooper Mark Zach are entitled to share in his retirement death benefits along with his surviving spouse and their four children under Neb.Rev. Stat. § 81-2026(3) (Reissue 1999). The district court affirmed on review, and we affirm the judgment of the district court.

BACKGROUND

Zach died on September 27, 2002....

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