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STATE EX REL. REDMOND v. SMITH

No. 42875.

295 N.W.2d 297 (1980)

207 Neb. 21

STATE of Nebraska ex rel. Maurice S. REDMOND, County Attorney of Dakota County, Nebraska, Appellee, v. Rodney R. SMITH et al., Appellants.

Supreme Court of Nebraska.

August 8, 1980.

Attorney(s) appearing for the Case

Smith, Smith & Boyd, South Sioux City, for appellants.

Maurice S. Redmond, South Sioux City, for appellee.

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

WHITE, Justice.

This is a quo warranto action instituted by the relator county attorney of Dakota County, Nebraska, seeking to oust the respondents, Rodney R. Smith and Robert P. Garvey, from the offices of county commissioner of Dakota County. The cause was tried on a stipulated set of facts. The District Court for Dakota County, Nebraska, found for the relator and ousted the respondents from the offices of county commissioner as having been illegally appointed....

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