STATE v. DUXBURY

No. 36873.

160 N.W.2d 88 (1968)

183 Neb. 302

STATE of Nebraska ex rel. Clarence A. H. MEYER, Attorney General, Plaintiff, v. Richard M. DUXBURY, Chairman, the Nebraska Clean Waters Commission et al., Defendants.

Supreme Court of Nebraska.

June 21, 1968.


Attorney(s) appearing for the Case

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

Kutak, Rock & Campbell, Omaha, Nixon, Mudge, Rose, Guthrie, Alexander & Mitchell, New York City, for defendants.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, SMITH, McCOWN, and NEWTON, JJ.


BOSLAUGH, Justice.

This is an original action brought by the Attorney General at the request of the Governor to determine the validity of the 1967 Nebraska Clean Waters Commission Act. Ch. 71, art. 42, R.S.Supp. 1967. The defendants are the members of the commission.

The act creates the Nebraska Clean Waters Commission which is to assist municipalities in the planning and financing of waste water treatment works, waste water collecting systems, and solid waste...

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