PERKINS COUNTY HIGH SCHOOL DISTRICT v. McQUISTON

No. 34386.

94 N.W.2d 663 (1959)

167 Neb. 777

PERKINS COUNTY HIGH SCHOOL DISTRICT, Appellee, v. Ruth Rees McQUISTON, as County Superintendent of Perkins County, Nebraska, et al., Appellees, School District Numbers 29 and 49 of Chase County, Nebraska, et al., Intervenors-Appellants.

Supreme Court of Nebraska.

February 13, 1959.


Attorney(s) appearing for the Case

Beatty, Clarke, Murphy & Morgan, Donald W. Pederson, Frank E. Piccolo, Jr., North Platte, for intervenors-appellants.

Marti, O'Gara, Dalton & Sheldon, Lincoln, for Perkins County High School.

W. C. Conover, County Atty., Grant, H. W. Curtis, County Atty., Imperial, for McQuiston.

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


YEAGER, Justice.

On further consideration of this case and the presentation of the motion for rehearing the conclusion reached is that the opinion fails to correctly respond in one area to facts as disclosed by the record. The purpose of this supplemental opinion is to provide a proper response.

In paragraph 11 of the opinion it is effectually declared that the plaintiff had the right to maintain the action to enjoin the county superintendents from erecting...

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