SPENCE v. TERRY

No. 83-708.

340 N.W.2d 884 (1983)

215 Neb. 810

Gene P. SPENCE, Richard P. Jeffries, and Mary Alice Race, Appellants, v. Lee TERRY, Election Commissioner of Douglas County, Nebraska, Appellee.

Supreme Court of Nebraska.

December 2, 1983.


Attorney(s) appearing for the Case

Soren S. Jensen and Thomas J. Culhane of Erickson, Sederstrom, Leigh, Eisenstatt, Johnson, Kinnamon, Koukol & Fortune, P.C., Omaha, for appellants.

Donald L. Knowles, Douglas County Atty., H.L. Wendt and Rockford G. Meyer, Omaha, for appellee.

KRIVOSHA, C.J., BOSLAUGH, WHITE, HASTINGS, SHANAHAN, and GRANT, JJ., and COLWELL, District Judge, Retired.


SHANAHAN, Justice.

Gene P. Spence, Richard P. Jeffries, and Mary Alice Race, directors of the Omaha Public Power District, sought an injunction to prohibit Lee Terry, election commissioner of Douglas County, Nebraska, from certifying and submitting to the county board a recall petition under the provisions of Neb.Rev.Stat. §§ 23-2010 to 23-2010.10 (Cum.Supp.1982). The District Court for Douglas County denied the injunction and dismissed the directors' petition...

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