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NEB. PUBLIC POWER DIST. v. HERSHEY SCH. DIST.

No. 42965.

299 N.W.2d 514 (1980)

207 Neb. 412

NEBRASKA PUBLIC POWER DISTRICT, a public corporation, Appellee, v. HERSHEY SCHOOL DISTRICT et al., Appellants.

Supreme Court of Nebraska.

December 5, 1980.

Attorney(s) appearing for the Case

John P. Murphy, of Ruff & Murphy, North Platte, for appellants Hershey School Dist. et al.

Thomas M. Shanahan, of McGinley, Lane, Mueller, Shanahan & McQuillan, Ogallala, for appellant Ogallala School Dist.

John R. McPhail, Columbus, and Barlow, Johnson, DeMars & Flodman, Lincoln, for appellee.

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

McCOWN, Justice.

The plaintiff, Nebraska Public Power District, a public corporation, brought this action against the defendant school districts seeking a declaratory judgment that Neb.Rev.Stat. § 79-1370 (Cum.Supp.1980) is unconstitutional. The District Court for Lincoln County, Nebraska, found that § 79-1370 was unconstitutional and in violation of Neb.Const. art. VIII, § 11. The defendant school districts have appealed.

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