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MEYERKORTH v. STATE

No. 35210.

115 N.W.2d 585 (1962)

173 Neb. 889

Lila MEYERKORTH and The Emmanuel Association, Appellants, v. The STATE of Nebraska, Freeman Decker, Commissioner of Education of The State of Nebraska, Helen Hanika, County Superintendent of Richardson County, Nebraska, Appellees.

Supreme Court of Nebraska.

June 8, 1962.

Attorney(s) appearing for the Case

Crosby, Pansing, Guenzel & Binning, Theodore L. Kessner, Lincoln, for appellants.

Clarence A. H. Meyer, Atty. Gen., Dwain L. Jones, Mel Kammerlohr, Asst. Attys. Gen., Lincoln, for appellees.

Heard before SIMMONS, C. J., and MESSMORE, YEAGER, SPENCER, BOSLAUGH and BROWER, JJ., and CHADDERDON, District Judge.

MESSMORE, Justice.

The plaintiffs brought this action for declaratory judgment in the district court for Lancaster County, the purpose of the action being to declare sections 79-201, 79-1201 et seq., and 79-1701 et seq., R.R.S.1943, and the regulations pursuant thereto which provide for compulsory school attendance, certification of teachers, and for the operation and supervision of parochial schools unconstitutional and a void attempt to exercise the police power...

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