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STATE EX REL. SILEVEN v. SPIRE

No. S-91-274.

500 N.W.2d 179 (1993)

243 Neb. 451

STATE of Nebraska ex rel. Everett SILEVEN, Appellant, v. Robert M. SPIRE, Attorney General of the State of Nebraska, Appellee.

Supreme Court of Nebraska.

May 21, 1993.

Attorney(s) appearing for the Case

Everett Sileven, pro se.

Don Stenberg, Atty. Gen., and Lynne R. Fritz, Lincoln, for appellee.

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

BOSLAUGH, Justice.

The relator, Everett Sileven, commenced this action on August 7, 1990, to obtain a writ of mandamus requiring the respondent, Robert M. Spire, as the Attorney General of the State of Nebraska, to turn over documents requested by the relator.

Mandamus is an extraordinary remedy, not a writ of right, and will issue only when the duty to act is clear. State ex rel. Thompson v. Alderman, 230 Neb. 335...

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