STATE v. COUNTY OF ADAMS

Nos. 33947, 33950, 33958, 33965, 33968.

75 N.W.2d 539 (1956)

162 Neb. 127

STATE of Nebraska ex rel. Frank B. HEINTZE, Appellee, v. COUNTY OF ADAMS et al., Appellees, Impleaded with County of Douglas, Appellant. STATE of Nebraska ex rel. Frank B. HEINTZE, Appellee, v. COUNTY OF ADAMS et al., Appellees, Impleaded with County of Sarpy, Appellant. STATE of Nebraska ex rel. Frank B. HEINTZE, Appellee, v. COUNTY OF ADAMS et al., Appellees, Impleaded with County of Box Butte, Appellant. STATE of Nebraska ex rel. Frank B. HEINTZE, Appellee, v. COUNTY OF ADAMS et al., Appellees, Impleaded with County of Lancaster, Appellant. STATE of Nebraska ex rel. Frank B. HEINTZE, Appellee, v. COUNTY OF ADAMS et al., Appellees, County of Stanton, Appellant.

Supreme Court of Nebraska.

March 9, 1956.


Attorney(s) appearing for the Case

August Ross, Eugene F. Fitzgerald, Omaha, for appellant Douglas County.

John J. Wilson, Woods, Aitken & Aitken, Van Pelt, Marti & O'Gara, Lincoln, for appellee State ex rel. Heintze. Chambers, Holland & Groth, Lincoln, Keith J. Kovanda, Burwell, for appellee Adams County.

Dixon G. Adams, Papillion, for appellant.

Robert R. Moran, Hemingford, for appellant Box Butte County.

Elmer Scheele, Dale E. Fahrnbruch, Richard S. Harnsberger, Edward F. Carter, Jr., Lincoln, for appellant Lancaster County.

T. L. Grady, Stanton, for appellant Stanton County.

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


MESSMORE, Justice.

This action was brought in the district court for Lancaster County, Nebraska, by the State of Nebraska ex rel. Frank B. Heintze, plaintiff, against the 93 counties of the State of Nebraska as defendants, the purpose of the action being to obtain a declaratory judgment to determine the validity and interpretation of certain statutes relating to what is commonly referred to as the gasoline tax fund, and with reference to the distribution of certain...

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