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WITTLER v. BAUMGARTNER

No. 36269.

144 N.W.2d 62 (1966)

180 Neb. 446

Clarence WITTLER, Appellee, v. Carl W. BAUMGARTNER et al., Appellants, Impleaded with Loup River Public Power District, a Corporation, et al., Appellees, and Burt County Public Power District et al., Interveners Appellants.

Supreme Court of Nebraska.

June 24, 1966.

Attorney(s) appearing for the Case

Lester A. Danielson, Scottsbluff, for Wittler.

Woods, Aitken & Aitken, Bert L. Overcash, Allen L. Overcash, Lincoln, Lyle Winkle, Columbus, for Loup River Public Power Dist.

Matthews, Kelley & Cannon, Omaha, Wood, King, Dawson & Logan, New York City, for Omaha Nat. Bank and American Nat. Bank.

Clarence A. H. Meyer, Atty. Gen., Richard D. Wilson, Lincoln, for Baumgartner et al.

Kenneth M. Olds, Wayne, Clarence A. Davis, Lincoln, for intervening Rural Public Power Districts.

Schmid, Ford, Snow, Green & Mooney, Omaha, for Fitzpatrick and Elstun.

Heard before CARTER, SPENCER, BOSLAUGH, BROWER, SMITH, and McCOWN, JJ., and SCHEELE, District Judge.

CARTER, Justice.

This is an action by the plaintiff, Clarence Wittler, as an elector residing in Platte County and an owner of bonds issued by Loup River Public Power District, asserting the unconstitutionality of Legislative Bill 764, Laws 1965, chapter 404, page 1292, enacted by the Legislature at its Seventy-Fifth Session, which we shall hereafter refer to as the "Act."

The parties defendant are the 11 appointed and acting directors of the public corporation...

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