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SMITH v. VITEK

No. 40977.

256 N.W.2d 866 (1977)

199 Neb. 162

Larry E. SMITH, Appellant, v. Joseph C. VITEK and Robert F. Parratt, Appellees.

Supreme Court of Nebraska.

August 3, 1977.

Attorney(s) appearing for the Case

David J. Cullan, Cullan & Cullan, Richard J. Schicker, Leigh, Koukal & Schicker, Omaha, for appellant.

Paul L. Douglas, Atty. Gen., Paul W. Snyder, Asst. Atty. Gen., Lincoln, for appellees.

Heard before WHITE, C. J., SPENCER, BOSLAUGH, McCOWN, BRODKEY, and WHITE, JJ., and KUNS, Retired District Judge.

SPENCER, Justice.

Plaintiff, Larry E. Smith, appeals from the District Court's denial of his request for a writ of mandamus to compel the State to discharge him from custody under the provisions of Laws 1975, L.B. 567. The sole issue presented is whether the provisions of L.B. 567 have retroactive application. We held in Johnson and Cunningham v. Exon, Neb., 256 N.W.2d 869 (1977), that they do if approved by the Board of...

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