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CLARK v. SWEET

No. 36980.

163 N.W.2d 881 (1969)

183 Neb. 723

In re Application of Florence G. Clark and Francis J. Clark, etc., Florence G. CLARK and Francis J. Clark, Appellants, v. Violet SWEET and Arthur Fuelberth, Appellees.

Supreme Court of Nebraska.

January 17, 1969.

Attorney(s) appearing for the Case

Edward E. Hannon, Julius D. Cronin, O'Neill, for appellants.

Wilson, Barlow & Watson, Lincoln, for appellees.

Heard before WHITE, C. J., SPENCER, BOSLAUGH, SMITH, McCOWN, and NEWTON, JJ., and SCHMIDT, District Judge.

SCHMIDT, District Judge.

This is an appeal from a judgment of the district court for Holt County. The judgment dismissed an appeal taken to that court from a rejection by a freeholder board of a freeholders' petition. For the purposes of the hearing in the district court on the motion to dismiss the appeal the parties stipulated the facts to be as follows:

"That on October 23, 1967 the Board provided by Section 79-403 Reissue Revised Statutes of Nebraska for...

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