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STATE v. ELLIS

No. 33707.

70 N.W.2d 320 (1955)

160 Neb. 400

STATE of Nebraska ex rel. The SCHOOL DISTRICT OF SCOTTSBLUFF et al., Appellees-Cross-Appellants, v. P. Cooper ELLIS, County Treasurer, et al., Appellants-Cross-Appellees, Impleaded with: School Districts Nos. 2 et al., Appellees, State of Nebraska ex rel. The City of Scottsbluff et al., Interveners, Appellees.

Supreme Court of Nebraska.

May 13, 1955.

Attorney(s) appearing for the Case

Mothersead, Wright & Simmons, Scottsbluff, Robert M. Harris, Scottsbluff, for the State ex rel. School Dist. of Scottsbluff, appellees-cross-appellants.

Straight Townsend, Scottsbluff, for P. Cooper Ellis and others, appellants-cross-appellees.

Herman & Van Steenberg, Mitchell, Willard F. McGriff, Hans J. Holtorf, James W. Ponder, Jr., Gering, Oscar E. Nelson, Minatare, for School Dists. No. 2 and others, appellees.

Jack E. Lyman, Neighbors & Danielson, Scottsbluff, Davis, Healey, Davies & Wilson, Lincoln, for the State ex rel. the City of Scottsbluff and others, interveners-appellees.

Heard before CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE and BOSLAUGH, JJ.

YEAGER, Justice.

The appeal here presents for review the decree rendered in the disposition of three actions which were consolidated and tried to the court. In order that the matters presented may be properly understood it becomes necessary to set forth in considerable detail the background of the litigation and to outline the issues presented by the three cases as originally instituted.

In the year 1942 the Consumers...

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