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FITZGERALD v. KUPPINGER

No. 34108.

79 N.W.2d 547 (1956)

163 Neb. 286

Eugene F. FITZGERALD, Appellant, v. Herman E. KUPPINGER, Election Commissioner of Douglas County, Nebraska; Joseph R. Moore and Thomas P. Kelley, Appellees.

Supreme Court of Nebraska.

December 3, 1956.

Attorney(s) appearing for the Case

August Ross, Norman Denenberg, Robert C. McGowan, Omaha, for appellant.

Swarr, May, Royce, Smith & Story, Albert E. May, Gaines, Spittler & Gaines, John T. Grant, Omaha, for appellees.

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

YEAGER, Justice.

This is an action by Eugene F. Fitzgerald, plaintiff and appellant, who has in his petition designated himself petitioner, against Herman E. Kuppinger, election commissioner of Douglas County, Nebraska, Joseph R. Moore, and Thomas P. Kelley, defendants and appellees, the primary purpose of which is to determine whether or not the plaintiff shall be the county attorney of Douglas County, Nebraska, on January...

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