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PROPST v. BOARD OF EDUCATIONAL LANDS AND FUNDS OF NEB.

Civ. No. 39-51.

103 F.Supp. 457 (1951)

PROPST v. BOARD OF EDUCATIONAL LANDS AND FUNDS OF NEBRASKA et al.

United States District Court D. Nebraska, Lincoln Division.

December 4, 1951.

Attorney(s) appearing for the Case

Bruce K. Lyon, Grant, Neb., Henry W. Curtis, Imperial, Neb., and Wm. P. Kelley and James J. Fitzgerald (Matthews, Kelley, Fitzgerald and Delehant), Omaha, Neb., for leaseholders Propst et al.

Clarence S. Beck, Atty. Gen. of Nebraska, and Robert Nelson, Asst. Atty. Gen., for Board of Educational Lands and Funds.

Before WOODROUGH and JOHNSEN, Circuit Judges, and DONOHOE, District Judge.

JOHNSEN, Circuit Judge.

An injunction is sought from a three-judge statutory court, to prevent the Board of Educational Lands and Funds of the State of Nebraska from treating as void some renewal leases on state school lands heretofore issued by the Board to plaintiff, to interveners and to others alleged to be in the same class; from undertaking to offer for the term covered thereby new leases upon such lands at public auction; and from assuming to approve any bids...

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