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ASHBY v. STATE

No. S-08-1274.

779 N.W.2d 343 (2010)

279 Neb. 509

Matthew L. ASHBY, individually, and M.A., a minor, by and through Matthew L. Ashby, his father and next friend, appellants, v. STATE of Nebraska et al., appellees.

Supreme Court of Nebraska.

March 5, 2010.

Attorney(s) appearing for the Case

Herbert J. Friedman and Daniel H. Friedman, of Friedman Law Offices, Lincoln, for appellants.

Jon Bruning, Attorney General, and Michael J. Rumbaugh, Lincoln, for appellees State of Nebraska and Mary Dyer.

Susan Kubert Sapp and Stanton N. Beeder, of Cline, Williams, Wright, Johnson & Oldfather, L.L.P., Lincoln, for appellees Monica Taylor Kilmer, Douglas Eric Black, and Tammy Norris Black.

Milton A. Katskee and Melvin R. Katskee, of Katskee, Henatsch & Suing, Omaha, for appellees Estate of Michael Washburn and Erickson & Sederstrom, P.C.

Walter E. Zink II and Amanda A. Dutton, of Baylor, Evnen, Curtiss, Grimit & Witt, L.L.P., Lincoln, for appellee Bryant A. Whitmire.

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

CONNOLLY, J.

SUMMARY

Matthew L. Ashby is the biological father of M.A., born in January 2004. Ashby never married M.A.'s mother, Monica Taylor Kilmer, and she never listed Ashby as M.A.'s father on the birth certificate. But Ashby registered with the biological father registry within the statutory period to claim paternity.1 Before the period expired, however, the State of Nebraska, acting through adoption specialist Mary Dyer...

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