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SCHOOL DIST. NO. 8 OF SHERMAN COUNTY v. STATE BD. OF ED.

No. 35592.

127 N.W.2d 458 (1964)

176 Neb. 722

SCHOOL DISTRICT NO. 8 OF SHERMAN COUNTY, Nebraska, Appellee, v. The STATE BOARD OF EDUCATION, a body corporate, and Floyd A. Miller, Commissioner of Education, Appellants.

Supreme Court of Nebraska.

April 3, 1964.

Attorney(s) appearing for the Case

Clarence A. H. Meyer, Atty. Gen., Gerald S. Vitamvas, Deputy Atty. Gen., Lincoln, for appellants.

Wilson & Barlow, Benjamin C. Neff, Jr., Lincoln, for appellee.

Heard before WHITE, C. J., and CARTER, MESSMORE, YEAGER, SPENCER, BOSLAUGH, and BROWER, JJ.

CARTER, Justice.

This is a suit to enjoin the State Board of Education and the Commissioner of Education from enforcing an order disapproving the high school of School District No. 8 of Sherman County for the collection of free high school tuition money as provided in section 79-328, R.S.Supp., 1961. The trial court held the statute to be unconstitutional and entered judgment in favor of School District No. 8. The State Board of Education and the Commissioner of Education...

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