First Federal Savings & Loan Ass'n v. Department of Banking

Boslaugh and Spencer, JJ.,

concur in order overruling motion for rehearing.

The findings required by section 8-331, R. R. S. 1943, before a certificate of approval may be issued are adjudicative facts which can only be determined by an exercise of quasi-judicial power. Interested parties must be afforded notice and an opportunity to be heard before such a power may be exercised. School Dist. No. 8 v. State Board of Education, 176 Neb. 722, 127 N. W. 2d 458; Allen v. Omaha Transit Co., Inc., 187 Neb. 156, 187 N. W. 2d 760.

We also agree with Judge Newton that the rule of the Department of…