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STATE EX REL. HANSEN v. SEILER

No. 39544.

225 N.W.2d 388 (1975)

193 Neb. 9

STATE of Nebraska ex rel. Stuart F. HANSEN, Appellee, v. Harold SEILER et al., Appellees, and George V. Scheer et al., Intervener-Appellants, and James R. Miller et al., Intervener-Appellees.

Supreme Court of Nebraska.

January 16, 1975.

Attorney(s) appearing for the Case

Moyer & Moyer, George H. Moyer, Jr., Madison, Nelson, Harding, Marchetti, Leonard & Tate, Lincoln, for intervener-appellants.

Vincent J. Kirby, Norfolk, for State ex rel. Hansen, appellee.

Jeremy Beitz, County Atty., Norfolk, for Seiler and others, appellees.

Jewell, Otte, Gatz & Collins, Norfolk, for Miller and others, intervener-appellees.

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

SPENCER, Justice.

This is an appeal from the granting of interveners-appellees' motion for summary judgment dismissing petitions seeking a writ of mandamus requiring the Madison County commissioners to reconstitute the commissioner districts so that each district would be of approximately equal population. The judgment also enjoined the commissioners from redistricting until otherwise directed by a vote of the electors of the county. We reverse.

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