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MULLENDORE v. NUERNBERGER

No. 87-426.

434 N.W.2d 511 (1989)

230 Neb. 921

Robert A. MULLENDORE, Appellee and Cross-Appellant, v. Richard NUERNBERGER, County Treasurer of Lancaster County, Nebraska, et al., Appellants and Cross-Appellees.

Supreme Court of Nebraska.

January 20, 1989.

Attorney(s) appearing for the Case

James B. Gessford, of Perry, Perry, Witthoff, Guthery, Haase & Gessford, P.C., Lincoln, and Douglas D. Cyr, Deputy Lancaster County Atty., for appellants and cross-appellees.

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

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

SHANAHAN, Justice.

In his declaratory judgment action filed during 1983 in the district court for Lancaster County, Robert A. Mullendore sought a declaration that Neb.Rev.Stat. § 79-4,102 (Cum.Supp.1982), also identified as 1982 Neb.Laws, L.B. 933, was unconstitutional. The statute in question contained a formula and factors for determination of nonresident high school tuition rates and a corresponding tax levy.

In his amended petition, Mullendore alleged...

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