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LEAGUE OF NEBRASKA MUNICIPALITIES v. MARSH

Civ. No. 551 L.

232 F.Supp. 411 (1964)

LEAGUE OF NEBRASKA MUNICIPALITIES, a non-profit Nebraska corporation, et al., Plaintiffs, v. Frank O. MARSH, as Secretary of State of the State of Nebraska and as Member of the State Board of Education Canvassers of the State of Nebraska, et al., Defendants, Nebraska State American Federation of Labor and Congress of Industrial Organizations, et al., Intervenors.

United States District Court D. Nebraska.

July 17, 1964.

Attorney(s) appearing for the Case

Lloyd E. Chapman, Ralph D. Nelson, Lincoln, Neb., and Herbert M. Fitle, Omaha, Neb., for plaintiffs.

Robert A. Nelson, Sp. Asst. Atty. Gen. of Nebraska, and Richard H. Williams, Asst. Atty. Gen. of Nebraska, for defendants.

August Ross and Robert E. O'Connor, Omaha, Neb., for intervenors.

Before JOHNSEN, Circuit Judge, and ROBINSON and VAN PELT, District Judges.

VAN PELT, District Judge.

The issues in this case have been stated in two previous opinions (see D.C., 209 F.Supp. 189 and the unpublished opinion of March 3, 1964). Except as necessary to the decision herein a restatement of the issues is uncalled for.

The guide lines referred to in the unpublished opinion, supra, have been recently furnished by the United States Supreme Court. See Reynolds v. Sims, 377...

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