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NEBRASKA SEEDSMEN ASS'N v. DEPARTMENT OF AGR. & INSP.

No. 33975.

77 N.W.2d 464 (1956)

162 Neb. 781

NEBRASKA SEEDSMEN ASSOCIATION, Appellant, v. The DEPARTMENT OF AGRICULTURE and INSPECTION of the State of Nebraska and Ed Hoyt, Director of the Department of Agriculture and Inspection of the State of Nebraska, Appellees.

Supreme Court of Nebraska.

June 8, 1956.

Attorney(s) appearing for the Case

Van Pelt, Marti & O'Gara, C. C. Sheldon, Lincoln, George E. Howell of Tenney, Sherman, Bently & Guthrie, Chicago, Ill., of counsel, for appellant.

Clarence S. Beck, Atty. Gen., Homer L. Kyle, Asst. Atty. Gen., for appellees.

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

SIMMONS, Chief Justice.

This is an action brought to secure a declaratory judgment under the provisions of the Uniform Declaratory Judgments Act, sections 25-21,149 to 25-21,164, R.R.S. 1943. The Department of Agriculture and Inspection of the State of Nebraska and Ed Hoyt, its director, are defendants.

The plaintiff alleged that it is the duty of the defendant Hoyt, as such director, to execute, enforce, and administer "`The Nebraska Seed Law'", being sections...

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