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STATE EX REL. FORTNER v. URBOM

No. 44481.

318 N.W.2d 286 (1982)

211 Neb. 309

STATE of Nebraska ex rel. LeRoy B. FORTNER, Appellant, v. Ward URBOM and David Urbom, Special Prosecutors for the County of Red Willow, Appellees.

Supreme Court of Nebraska.

April 16, 1982.

Attorney(s) appearing for the Case

John J. Battershell of Cunningham Law Offices, P.C., McCook, for appellant.

Ward C. Urbom and David W. Urbom of Urbom Law Offices, P.C., Arapahoe, for appellees.

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

HASTINGS, Justice.

The relator, LeRoy B. Fortner, filed a motion in the District Court seeking an alternative writ of mandamus against the respondents, Ward Urbom and David Urbom, to compel respondents to carry out an agreement not to prosecute relator. From a judgment overruling the motion and denying the writ, the relator has appealed.

Certain criminal charges were pending in the county court of Red Willow County against Fortner involving a relationship...

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