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COUNTY OF ANTELOPE v. STENBERG

No. 82-700.

332 N.W.2d 705 (1983)

214 Neb. 150

COUNTY OF ANTELOPE et al., Plaintiffs, v. Donald STENBERG, Director of the Department of Administrative Services of the State of Nebraska et al., Defendants.

Supreme Court of Nebraska.

April 21, 1983.

Attorney(s) appearing for the Case

Vincent Valentino, York County Atty., and Charles W. Campbell, York, and Alan L. Brodbeck, Antelope County Atty., Neligh, for plaintiffs.

Paul L. Douglas, Atty. Gen., and Ralph H. Gillan, Lincoln, for defendants.

William F. Austin, City Atty., for amicus curiae City of Lincoln.

Herbert M. Fitle, City Atty., and Timothy M. Kenny, for amicus curiae City of Omaha.

KRIVOSHA, C.J., BOSLAUGH, McCOWN, WHITE, HASTINGS, and CAPORALE, JJ., and COLWELL, District Judge, Retired.

WHITE, Justice.

In this original action the plaintiffs, York County and Antelope County, Nebraska, challenge the constitutionality of 1982 Neb. Laws, L.B. 816, § 4, providing for distribution of state aid to the counties of the State of Nebraska. The challenged portion of that section provides: "The appropriation provided for in section 77-27,136 for aid to counties shall be distributed to the various county treasurers of the state as follows:...

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