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STATE EX REL. MORRIS v. MARSH

No. 37128.

162 N.W.2d 262 (1968)

183 Neb. 502, 521

STATE of Nebraska ex rel. Loren MORRIS, Appellee, Cross-Appellant, v. Frank MARSH, Secretary of State, State of Nebraska, Appellant, Cross-Appellee. Impleaded with Clarence A. H. Meyer, Attorney General, State of Nebraska, Appellee.

Supreme Court of Nebraska.

Opinion Filed November 15, 1968.

Attorney(s) appearing for the Case

Clarence A. H. Meyer, Atty. Gen., Calvin E. Robinson, Asst. Atty. Gen., Lincoln, for Marsh.

Ray Simmons, Fremont, and John A. Wagoner, Grand Island, for State ex rel. Loren Morris.

Heard before WHITE, C.J., SPENCER, BOSLAUGH, SMITH, McGOWN and NEWTON, JJ., and KOKJER, D. J.

PER CURIAM.

On September 16, 1968, the district court entered its peremptory writ of mandamus to Frank Marsh, Secretary of State, commanding him to take the necessary steps to place on the ballot in the November 5, 1968, Nebraska general election, the initiative petition proposal seeking a constitutional amendment prohibiting the State of Nebraska from leving an income tax for state purposes, and requiring him to accept and file the initiative petition therefor, and...

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