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STATE, ETC. v. SCH. DIST. OF CITY OF LINCOLN

No. 44149.

320 N.W.2d 472 (1982)

211 Neb. 731

STATE of Nebraska ex rel. Gary L. BOUC, individually, and Gary L. Bouc, as next friend of his minor son, John Bouc, Appellee, v. SCHOOL DISTRICT OF the CITY OF LINCOLN, Appellant, Board of Education of the School District of the City of Lincoln et al., Appellees.

Supreme Court of Nebraska.

June 4, 1982.

Attorney(s) appearing for the Case

Edwin C. Perry of Perry, Perry, Witthoff, Guthery, Haase & Gessford, P. C., Lincoln, for appellant.

Robert B. Crosby and Steven G. Seglin of Crosby, Guenzel, Davis, Kessner & Kuester, Lincoln, for appellee Bouc.

Kermit A. Brashear II and Marybeth Frankman of Nelson & Harding, Omaha, for amicus curiae Nebraska District, Lutheran Church—Missouri Synod.

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

HASTINGS, Justice.

This is an action brought by the relator, Gary L. Bouc, as an individual and as the next friend of his minor son, John Bouc, seeking a writ of mandamus to compel the respondents to honor the Boucs' request for bus transportation for John to St. John the Apostle School, a nonprofit school under the control of the Lincoln Diocese of the Catholic Church. This request was made in accordance with Neb.Rev.Stat. § 79-487 (Reissue 1976). The School...

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