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STATE EX REL. TOMEK v. COLFAX COUNTY REORG. COM.

No. 38912.

209 N.W.2d 188 (1973)

190 Neb. 447

STATE of Nebraska ex rel. John G. TOMEK, County Attorney of Butler County, Nebraska, Appellant, v. The COLFAX COUNTY REORGANIZATION COMMITTEE et al., Appellees.

Supreme Court of Nebraska.

June 29, 1973.

Attorney(s) appearing for the Case

John G. Tomek, County Atty., David City, Vrana & Gless, Fremont, Perry, Perry & Witthoff, Lincoln, for appellant.

Wilson, Barlow & Watson, Lincoln, Francis O'Brien, Otradovsky & Bieber, Robert D. Westadt, Schuyler, for appellees.

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

WHITE, Chief Justice.

In this quo warranto action the relator Tomek, county attorney of Butler County, seeks to challenge the validity of a reorganization of School District No. 123, Colfax County, Nebraska, in which certain portions of other school districts in both Butler and Colfax Counties were added to School District No. 123. The District Court entered a judgment dismissing the action because quo warranto could not...

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