McCoy v. Albin
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The Supreme Court reversed the decision of the district court concluding that the Nebraska Department of Labor’s action intercepting Appellee’s tax refund from the state to partially pay a judgment determining that Appellee had been overpaid for unemployment benefits was barred by the relevant statute of limitations.
An appeal tribunal, citing Neb. Rev. Stat. 25-218, concluded that the Department’s action was barred by a four-year statute of limitations. The district court affirmed. The Supreme Court held that there was no time limitation barring the Department’s interception of Appellee’s state income tax refund to offset his unemployment benefit overpayment under Neb. Rev. Stat. 48-665(1)(c) and therefore reversed.
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