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SUMMERVILLE v. NORTH PLATTE VALLEY WEATHER C. DIST.

No. 34878.

107 N.W.2d 425 (1961)

171 Neb. 695

Lorin R. SUMMERVILLE, Appellant, v. NORTH PLATTE VALLEY WEATHER CONTROL DISTRICT, a corporation, et al., Appellees, Consolidated in District Court with Lorin R. SUMMERVILLE, Appellant, v. P. Cooper ELLIS, County Treasurer of Scotts Bluff County, Nebraska, et al., Appellees.

Supreme Court of Nebraska.

February 10, 1961.

Attorney(s) appearing for the Case

Atkins & Ferguson, Clark G. Nichols, Scottsbluff, for appellant.

Lyman & Winner, W. H. Kirwin, Scottsbluff, for appellees.

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

BOSLAUGH, Justice.

This proceeding was commenced by the filing of an application for the allowance of attorney's fees and expenses from a fund that was alleged to have been rescued and preserved as a result of the litigation in which the 1957 Weather Control Act of Nebraska, R.S.Supp.1957, §§ 2-2410 to 2-2427, was determined to be unconstitutional and void in Summerville v. North Platte Valley Weather Control Dist., 170 Neb. 46...

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