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STATE EX REL. MERCURIO v. BOARD OF REGENTS

No. 44511.

329 N.W.2d 87 (1983)

213 Neb. 251

STATE of Nebraska ex rel. Gregory A. MERCURIO, Jr., Appellee, v. BOARD OF REGENTS OF the UNIVERSITY OF NEBRASKA, Appellant.

Supreme Court of Nebraska.

January 7, 1983.

Attorney(s) appearing for the Case

Richard R. Wood, Gen. Counsel for the University of Nebraska, and John C. Wiltse, Lincoln, and David L. Buelt of Ellick, Spire & Jones, Omaha, for appellant.

Paul LaPuzza, Omaha, for appellee.

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

McCOWN, Justice.

This is an action by a student for a writ of mandamus requiring the respondent Board of Regents to remove a failing grade from the transcript of his grade record at the University of Nebraska. The District Court found that the respondent had a duty to produce for the relator his educational records and had not done so, and issued a peremptory writ of mandamus ordering respondent to remove from the student...

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