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IN RE INTEREST OF BORIUS H.

No. S-95-745.

558 N.W.2d 31 (1997)

251 Neb. 397

In re Interest of BORIUS H. et al., Children Under 18 Years of Age. STATE of Nebraska, Appellee, v. THERESA H., Appellant.

Supreme Court of Nebraska.

January 3, 1997.

Attorney(s) appearing for the Case

Jeffrey A. Wagner, of Legal Aid Society, Inc., Omaha, for appellant.

James S. Jansen, Douglas County Attorney, and Vernon Daniels, Omaha, for appellee.

WHITE, C.J., and CAPORALE, WRIGHT, CONNOLLY, and GERRARD, JJ.

CONNOLLY, Justice.

Upon appeal of this case from the Douglas County Separate Juvenile Court, the Nebraska Court of Appeals determined that the State of Nebraska failed to attach an affidavit to its motion for an ex parte order seeking temporary custody of Theresa H.'s children and failed to adduce any evidence at the subsequent hearing to warrant the removal of the children from their mother's home. The Court of Appeals reversed the juvenile court's order giving the...

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