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BACHUS v. SWANSON

No. 35993.

136 N.W.2d 189 (1965)

179 Neb. 1

Benson F. BACHUS and Ruth E. Bachus, Appellees, v. Clarence L. E. SWANSON, State Treasurer, State of Nebraska et al., Appellants, Impleaded with School District No. 66 of Douglas County, Nebraska, Appellee, Robert O. Rehkopf et al., Interveners-Appellees.

Supreme Court of Nebraska.

July 9, 1965.

Attorney(s) appearing for the Case

Clarence A. H. Meyer, Atty. Gen., H. G. Hamilton, Asst. Atty. Gen., Lincoln, William F. Ryan, Tax Atty., Donald L. Knowles, County Atty., Herbert M. Fitle, City Atty., Edward M. Stein, Asst. City Atty., Omaha, for appellants.

Leary & Leary, Omaha, for Bachus (appellees).

Lane, Baird, Pedersen & Haggart, Theodore M. Tedesco, Omaha, for School Dist. No. 66.

Swarr, May, Royce, Smith, Andersen & Ross, Omaha, for intervener-appellees.

Heard before WHITE, C. J., CARTER, BOSLAUGH, BROWER, SMITH, and McCOWN, JJ., and WESTERMARK, District Judge.

McCOWN, Justice.

Plaintiffs brought this class action to test the constitutional validity of sections 77-318, 77-413, 77-716, and 77-1235, R.S. Supp., 1961, which were enacted as L.B. 206, Laws 1961, c. 374, p. 1148, and L.B. 697, Laws 1961, c. 375, p. 1152. L.B. 697 is amendatory of a part only of L.B. 206, and a determination of its validity is not essential to a determination of this action. The district court found L.B. 206 unconstitutional and void. The...

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