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MULLENDORE v. SCH. D. NO. 1 OF LANCASTER CTY.

No. 85-055.

388 N.W.2d 93 (1986)

223 Neb. 28

Robert A. MULLENDORE, on Behalf of Himself and All Others Similarly Situated, Appellant and Cross-Appellee, v. SCHOOL DISTRICT NO. 1 OF LANCASTER COUNTY, Nebraska, et al., Appellees and Cross-Appellants, Richard Nuernberger, County Treasurer of Lancaster County, Nebraska, Appellee.

Supreme Court of Nebraska.

June 6, 1986.

Attorney(s) appearing for the Case

John F. Recknor of Barlow, Johnson, DeMars & Flodman, Lincoln, for appellant and cross-appellee.

James B. Gessford of Perry, Perry, Witthoff, Guthery, Haase & Gessford, P.C., Lincoln, for appellees and cross-appellants School Districts.

KRIVOSHA, C.J., and BOSLAUGH, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ.

PER CURIAM.

Robert A. Mullendore commenced a class action in the district court for Lancaster County, seeking a declaratory judgment that Neb.Rev.Stat. § 79-4,102 (Cum.Supp. 1982) [1982 Neb. Laws, L.B. 933] is unconstitutional and an injunction prohibiting Lancaster County Treasurer Richard Nuernberger and various Lancaster County area school districts from operating under the questioned statute. The district court overruled a demurrer by the school districts...

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