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

No. 37004.

175 N.W.2d 63 (1970)

185 Neb. 270

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.

March 10, 1970.

Attorney(s) appearing for the Case

Clarence A. H. Meyer, Atty. Gen., Bernard 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., and CARTER, SPENCER, BOSLAUGH, SMITH, McCOWN, and NEWTON, JJ.

On reargument, previous opinion adhered to 184 Neb. 621, 171 N.W.2d 156.

BOSLAUGH, McCOWN, and SMITH, JJ.

The central issue in this case, and the only real issue, is whether the Legislature is authorized to direct the sale of all school lands. It is our opinion that the constitutional provision which vests the general management of all school lands and funds in the Board of Educational Lands...

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