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AMEN v. ASTRUE

No. S-11-1094.

822 N.W.2d 419 (2012)

284 Neb. 691

Melissa AMEN, individually and on behalf of her Minor Child, K.L.A., plaintiff, v. Michael J. ASTRUE, Commissioner of the Social Security Administration, defendant.

Supreme Court of Nebraska.

November 16, 2012.

Attorney(s) appearing for the Case

Maureen McBrien , of Brick & Sugarman, L.L.P., and Susan K. Sapp , of Cline, Williams, Wright, Johnson & Oldfather, L.L.P., Lincoln, for plaintiff.

Karen P. Seifert , of U.S. Department of Justice, Civil Division, Federal Programs Branch, for defendant.

HEAVICAN, C.J., CONNOLLY, STEPHAN, McCORMACK, MILLER-LERMAN, and Cassel, JJ., and RIEDMANN, Judge.

McCORMACK, J.

NATURE OF CASE

Pursuant to Neb.Rev.Stat. § 24-219 et seq. (Reissue 2008), the U.S. District Court for the District of Nebraska certified the following question to this court: "Can a child, conceived after her biological father's death through intrauterine insemination using his sperm, and born within nine months of his death, inherit from him as his surviving issue under Nebraska intestacy law?"

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