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STATE EX REL. CREIGHTON UNIVERSITY v. SMITH

No. 83-514.

353 N.W.2d 267 (1984)

217 Neb. 682

STATE of Nebraska ex rel. CREIGHTON UNIVERSITY, Appellee, v. Henry D. SMITH, M.D., Director of Health of the State of Nebraska, et al., Appellants.

Supreme Court of Nebraska.

June 22, 1984.

Attorney(s) appearing for the Case

Paul L. Douglas, Atty. Gen., and Marilyn B. Hutchinson, Asst. Atty. Gen., Lincoln, for appellants.

Thomas R. Brown of Fitzgerald, Brown, Leahy, Strom, Schorr & Barmettler, Omaha, for appellee.

KRIVOSHA, C.J., and BOSLAUGH, WHITE, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ.

SHANAHAN, Justice.

Creighton University (Creighton) sought a writ of mandamus compelling Dr. Henry D. Smith, Director of Health of the State of Nebraska (director), to receive and consider Creighton's "Contract Proposal" for cancer research to be conducted by Creighton. The Attorney General of the State of Nebraska (Attorney General) was a party to the suit because Nebraska law (Neb.Rev. Stat. § 84-905.01 (Reissue 1981)) requires the Attorney General to review...

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