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SCHOOL DISTRICT NO. 39 OF WASHINGTON CO. v. DECKER

No. 33624.

68 N.W.2d 354 (1955)

159 Neb. 693

SCHOOL DISTRICT NO. 39 OF WASHINGTON COUNTY, Nebraska, Appellant, v. Freeman DECKER, Superintendent of Public Instruction, Appellee.

Supreme Court of Nebraska.

February 4, 1955.

Attorney(s) appearing for the Case

Roy I. Anderson, Blair, Van Pelt, Marti & O'Gara and E. P. Burnett, Lincoln, for appellant.

Clarence S. Beck, Atty. Gen., Robert V. Hoagland, Asst. Atty. Gen., for appellee.

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

CHAPPELL, Justice.

Plaintiff, School District No. 39 of Washington County, generally known as Rose Hill School District, is a rural Class II school district conducting both elementary and ninth and tenth high school grades in Washington County. It brought this action in equity to enjoin the enforcement of Rule III-3 of Section B, "Criteria for Approved Schools" promulgated as of July 1, 1952, by defendant Freeman Decker...

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