STATE EX REL. LOTTMAN v. BD. OF ED., ETC.

No. 41605.

268 N.W.2d 435 (1978)

201 Neb. 486

The STATE of Nebraska ex rel. Francis LOTTMAN and Francis Lottman, in his own right, Appellee, The BOARD OF EDUCATION OF SCHOOL DISTRICT NO. 103 et al., Appellants.

Supreme Court of Nebraska.

July 26, 1978.


Attorney(s) appearing for the Case

Koenig & Murray, Hebron, for appellants.

Wood, Wolfe & Hurd, Lincoln, for appellee.

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


C. THOMAS WHITE, Justice.

This is an appeal from a writ of mandamus issued by the District Court requiring the appellant, Board of Education of School District No. 103, hereinafter referred to as Board of Education, to hold a recall election pursuant to the provisions of section 79-518.04, R.R.S.1943.

Section 79-518.04, R.R.S.1943, states: "Any member of a school board or board of education of a Class II, III, or VI school district may be subject to recall...

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