CHERRY v. LOFGREN

No. 37829.

187 N.W.2d 652 (1971)

187 Neb. 133

Marcus CHERRY, Appellant, v. Marvin A. LOFGREN, Buffalo County, Superintendent of Schools, et al., Appellees.

Supreme Court of Nebraska.

June 11, 1971.


Attorney(s) appearing for the Case

Ross & Schroeder, Kearney, for appellant.

Robert Munro, Munro, Parker, Munro & Grossart, Kearney, for appellees.

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


SPENCER, Justice.

Marcus Cherry appeals from the dismissal of his petition on appeal in the district court. The district court's action is predicated on its determination that a proper transcript of the proceedings before the county superintendent was not filed with the petition on appeal. We reverse.

Appellant filed an adequate praecipe with the appellee county superintendent, requesting a transcript of the proceedings. It included the following: "The transcript...

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