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CUNNINGHAM v. LUTJEHARMS

No. 87-754.

437 N.W.2d 806 (1989)

231 Neb. 756

James R. CUNNINGHAM, Individually and as Next Friend of his Minor Daughter, Janelle C. Cunningham, Appellee, v. Joseph E. LUTJEHARMS, Commissioner of Education, et al., Appellants.

Supreme Court of Nebraska.

April 7, 1989.

Attorney(s) appearing for the Case

Robert M. Spire, Atty. Gen., and Harold Mosher, Lincoln, for appellants.

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

HASTINGS, C.J., and BOSLAUGH, WHITE, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ.

FAHRNBRUCH, Justice.

This appeal seeks to have declared unconstitutional legislation requiring public school districts to purchase and loan textbooks to students in private schools. Textbook purchases would be funded through appropriations by Nebraska's Legislature.

We find the legislation, Neb.Rev.Stat. § 79-4,118 (Reissue 1987), constitutional.

James R. Cunningham brought this action in the Lancaster County District Court, seeking to borrow...

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