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PETERSON v. HANCOCK

No. 34342.

90 N.W.2d 298 (1958)

166 Neb. 637

Charley W. PETERSON, Appellee, v. J. Ed HANCOCK, County Treasurer of Holt County, Nebraska, et al., Appellants.

Supreme Court of Nebraska.

May 16, 1958.

Attorney(s) appearing for the Case

William W. Griffin, County Atty., O'Neill, Clarence S. Beck, Atty. Gen., H. G. Hamilton, Asst. Atty. Gen., for appellants.

Francis D. Lee, Atkinson, for appellee.

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

SIMMONS, Chief Justice.

This is an action for a declaratory judgment to determine the constitutionality of what is now section 77-1240.01, R.S.Supp., 1957, and to secure an order to refund a motor vehicle tax alleged to be erroneously and wrongfully collected.

The defendants are the county treasurer and the county assessor of Holt County and the Director of the Department of Roads and Irrigation for the State of Nebraska.

The action was determined...

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