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HASCHKE v. SCHOOL DIST. OF HUMPHREY IN CO. OF PLATTE

No. 37081.

167 N.W.2d 79 (1969)

184 Neb. 298

Leon HASCHKE et al., Appellees, v. The SCHOOL DISTRICT OF HUMPHREY IN the COUNTY OF PLATTE in the State of Nebraska, a Municipal Corporation, et al., Appellants.

Supreme Court of Nebraska.

April 11, 1969.

Attorney(s) appearing for the Case

Brogan & Monen, Norfolk, Walker, Luckey & Whitehead, Columbus, for appellants.

Moyer & Moyer, Madison, for appellees.

Heard before WHITE, C.J., CARTER, SPENCER, SMITH, McCOWN and NEWTON, JJ., and KOKJER, District Judge.

SMITH, Justice.

The Humphrey school district and Pebco, Inc., agreed on construction of a school building by Pebco for lease to Humphrey. The district court on petition of resident taxpayers found that the agreement was void, enjoining performance. Contentions of defendants on appeal are that plaintiffs had an adequate remedy at law and that the agreement was valid.

Humphrey, a nonaccredited member of Class III, had been maintaining inadequate school facilities...

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