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   State Courts - Nebraska - August 3, 2007

  
Garnett v. Genetic Improvement Servs. of N.C., Inc. (In re Estate of Dueck), No. S-06-538., SUPREME COURT OF NEBRASKA, August 3, 2007, Filed
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Overview: Judgment denying the claimant's petition for allowance of claim against the deceased's estate was affirmed because the record supported the finding that there was no written or oral guaranty agreement between the deceased and the claimant.

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Koch v. Aupperle, No. S-06-264., SUPREME COURT OF NEBRASKA, August 3, 2007, Filed
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Overview: An injunction was improperly granted in a case involving a dispute over water rights because a downstream user did not have senior riparian rights due to his construction of a dam in 1989; moreover, he was not entitled to injunctive relief since he had no common-law riparian rights.

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Koch v. Aupperle (In re Koch), No. S-06-736., SUPREME COURT OF NEBRASKA, August 3, 2007, Filed
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Overview: The issue presented in an appeal by landowners was moot because any determination of water rights of the landowners and their neighbor would be nothing more than an advisory opinion, as there was no case and controversy regarding such rights. The public interest exception to the mootness doctrine did not apply.

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Omaha Police Union Local 101 v. City of Omaha, No. S-06-403., SUPREME COURT OF NEBRASKA, August 3, 2007, Filed
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Overview: In a protected speech matter involving a police union and a city, Nebraska Commission of Industrial Relations (CIR) used wrong standard because CIR used legal standard that applied private sector labor relations cases. A different standard for public employer and employees should have been used.

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State ex rel. Counsel for Discipline of the Neb. Supreme Court v. Heitz, No. S-07-512., SUPREME COURT OF NEBRASKA, August 3, 2007, Filed
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