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MAHNKE v. STATE, DEPT. OF HEALTH

No. S-06-918.

751 N.W.2d 635 (2008)

276 Neb. 57

Steven MAHNKE, M.D., Appellee, v. STATE of Nebraska, DEPARTMENT OF HEALTH AND HUMAN SERVICES REGULATION AND LICENSURE, Appellant.

Supreme Court of Nebraska.

July 11, 2008.

Attorney(s) appearing for the Case

Jon Bruning, Attorney General, and James D. Smith, Lincoln, for appellant.

William M. Lamson, Jr., and Denise M. Destache, of Lamson, Dugan & Murray, L.L.P., Omaha, for appellee.

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

CONNOLLY, J.

I. SUMMARY

The State brought disciplinary charges against Steven Mahnke, M.D., alleging Mahnke engaged in unprofessional conduct. Following a hearing before the hearing officer, the director of the Department of Health and Human Services Regulation and Licensure (the Department) suspended Mahnke's license to practice medicine and surgery in Nebraska for 90 days. Mahnke moved for judicial review. An issue before the district court was whether...

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