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AMERICAN LEGION, ETC. v. NEBRASKA LIQUOR CONTROL COMMISSION

No. 41662.

259 N.W.2d 36 (1977)

199 Neb. 429

AMERICAN LEGION LEO BRINDA POST NO. 90, a corporation, and Veterans of Foreign Wars Post No. 5138, a corporation, d/b/a "Veterans Club," 256 North Main Street, Valentine, Nebraska, Appellees, v. NEBRASKA LIQUOR CONTROL COMMISSION, Appellant.

Supreme Court of Nebraska.

November 9, 1977.

Attorney(s) appearing for the Case

Paul L. Douglas, Atty. Gen., Terry R. Schaaf, Asst. Atty. Gen., Lincoln, for appellant.

William Quigley, Valentine, for appellees.

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

SPENCER, Justice.

This case comes on for consideration on a motion of appellees to dismiss for failure of the appellant, Nebraska Liquor Control Commission, to deposit the docket fee with the clerk of the District Court within the time limited by section 25-1912, R.R.S.1943. We sustain the motion to dismiss.

On July 21, 1977, the District Court for Cherry County entered an order overruling the motion of appellant for a new trial. On August 2, 1977, appellant...

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