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STATE EX REL. HALLORAN v. HAWES

No. 42040.

279 N.W.2d 96 (1979)

203 Neb. 405

STATE of Nebraska ex rel. John E. HALLORAN et al., Appellants, v. Anita HAWES, County Clerk of Adams County, Nebraska, Appellee.

Supreme Court of Nebraska.

May 15, 1979.

Attorney(s) appearing for the Case

John A. Wagoner and Ralph A. Bradley, Grand Island, for appellants.

Arthur C. Toogood and W. G. Cambridge, Hastings, for appellee.

Robert D. Westadt and Otradovsky & Bieber, Schuyler, for amicus curiae.

Heard before BOSLAUGH, McCOWN, CLINTON, and BRODKEY, JJ., and CANIGLIA, District Judge.

McCOWN, Justice.

This is an action in mandamus to require the respondent, the county clerk of Adams County, Nebraska, to call an election under the provisions of section 79-801, R.R.S.1943. Peremptory writ of mandamus issued. Following trial the District Court for Adams County set aside the peremptory writ of mandamus and dismissed the relators' petition. The relators have appealed.

On July 26, 1976, the city council of Hastings, a first-class city, duly adopted...

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