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SCHOOL DISTRICT OF OMAHA v. STATE BD. OF EDUCATION

No. 37458.

187 N.W.2d 592 (1971)

187 Neb. 76

SCHOOL DISTRICT OF OMAHA, in the COUNTY OF DOUGLAS, in the State of Nebraska and Owen A. Knutzen, Appellees, v. STATE BOARD OF EDUCATION and Floyd A. Miller, Commissioner of Education and Wayne R. Swanson, State Treasurer, Appellants.

Supreme Court of Nebraska.

June 4, 1971.

Attorney(s) appearing for the Case

Eisenstatt, Higgins, Miller & Kinnamon, Leo Eisenstatt, Wm. Ross King, J. Patrick Green, Omaha, for appellees.

Clarence A. H. Meyer, Atty. Gen., Harold Mosher, Asst. Atty. Gen., Lincoln, for appellants.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, SMITH, McCOWN, NEWTON and CLINTON, JJ.

WHITE, Chief Justice.

This case was previously reported at 186 Neb. 179, 181 N.W.2d 861. On motion for rehearing we granted reargument. Our previous opinion affirming the judgment of the district court is withdrawn and the judgment of the district court is reversed and the cause remanded with directions.

Under sections 4, 5, 7, 8, and 11 of L.B. 448 (Laws 1967, chapter 514), providing for...

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