NEBRASKA STATE AFL-CIO v. STATE OF NEBRASKA

No. 20719.

445 F.2d 1333 (1971)

NEBRASKA STATE AFL-CIO, Appellant, v. The STATE OF NEBRASKA, Appellee, Nebraska Association of Commerce and Industry, Intervenor.

United States Court of Appeals, Eighth Circuit.

August 2, 1971.


Attorney(s) appearing for the Case

Robert E. O'Connor, Benjamin M. Wall, Foulks, Wall & Wintroub, Omaha, Neb., on briefs for appellant.

Clarence A. H. Meyer, Atty. Gen. of Neb., Mel Kammerlohr, Asst. Atty. Gen., Robert A. Nelson, Sp. Asst. Atty. Gen., Lincoln, Neb., on briefs for appellee.

Edson Smith, Swarr, May, Smith & Andersen, Omaha, Neb., on briefs for intervenor.

Before MATTHES, Chief Judge, VAN OOSTERHOUT, Circuit Judge, and EISELE, District Judge.


PER CURIAM.

The plaintiff in this action, appellant here, is the Nebraska State AFL-CIO. It alleged in its original complaint below that it is an "unincorporated association". Although nothing appears of record to tell us who its members are, we were advised by counsel during oral argument that it is essentially a federation of local unions situated in Nebraska. It asks the Court to determine that a 1961 revision of the Nebraska statute commonly known as the "right...

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