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STATE EX REL. BELKER v. BOARD OF EDUCATIONAL L. & F.

No. 37004.

171 N.W.2d 156 (1969)

184 Neb. 621

STATE of Nebraska ex rel. Loren B. BELKER, Relator, Appellant, v. BOARD OF EDUCATIONAL LANDS AND FUNDS of the State of Nebraska et al., Appellees.

Supreme Court of Nebraska.

October 3, 1969.

Attorney(s) appearing for the Case

Ginsburg, Rosenberg, Ginsburg & Krivosha, R. P. Cathcart, Lincoln, for appellant.

Clarence A. H. Meyer, Atty. Gen., Bernard L. Packett, Asst. Atty. Gen., Lincoln, for appellees.

McGinley, Lane, Mueller, Shanahan & McQuillan, Ogallala, Maupin, Dent, Kay, Satterfield & Gatz, Gary L. Scritsmier, North Platte, for amicus curiae.

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

PER CURIAM.

This action seeks to enjoin the sale of all of the school lands held in trust for and on behalf of the common schools of Nebraska, and to declare sections 72-257 and 72-258, R.S.Supp., 1967, and 72-258.01, R.R. S.1943 (as amended by Laws 1965, c. 435, ss. 2, 3, and 4, pp. 1386 and 1387, and Laws 1967, c. 466, ss. 10 and 11, p. 1450), void and unconstitutional.

Four judges are of the opinion that the statute is unconstitutional as challenged. Three...

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