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SCHUTTE v. SCHMITT

No. 33808.

75 N.W.2d 656 (1956)

162 Neb. 162

George E. SCHUTTE, Appellee, v. Leo J. SCHMITT, etc., et al., Appellants.

Supreme Court of Nebraska.

March 16, 1956.

Attorney(s) appearing for the Case

Robert D. Moodie, West Point, for appellants.

Kerrigan & Flory, Fremont, for appellee.

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

WENKE, Justice.

This is an appeal from a decree of the district court for Cuming County holding section 79-420, R.R.S.1943, as amended by the 1953 Legislature, unconstitutional; holding an order of the State Superintendent of Public Instruction, made pursuant to and under authority thereof, void; and permanently enjoining the school board of school district No. 55 and the officials of Cuming County from performing certain of their official duties as they relate to...

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