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ELLIS v. COUNTY OF SCOTTS BLUFF

No. 43786.

315 N.W.2d 451 (1982)

210 Neb. 495

Mary Jo ELLIS, Register of Deeds, Appellee, v. The COUNTY OF SCOTTS BLUFF, Nebraska, et al., Appellants.

Supreme Court of Nebraska.

January 29, 1982.

Attorney(s) appearing for the Case

Wright & Simmons, Scottsbluff, for appellants.

Raymond, Olsen & Coll, P. C., Scottsbluff, for appellee.

Heard before KRIVOSHA, C. J., BOSLAUGH, McCOWN, CLINTON, WHITE, and HASTINGS, JJ., and CAPORALE, District Judge.

CAPORALE, District Judge.

In this appeal from a declaratory judgment we find that no justiciable controversy exists. We thus reverse with directions to dismiss the action.

Mary Jo Ellis (Ellis), the plaintiff-appellee, is the duly elected register of deeds of Scotts Bluff County. The defendants-appellants are said County, its Board of Commissioners, and the Board's individual members. Hereafter, they shall be referred to collectively as Board.

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