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STATE EX REL. STENBERG v. MURPHY

No. S-94-382.

527 N.W.2d 185 (1995)

247 Neb. 358

STATE of Nebraska ex rel. Don STENBERG, Attorney General of the State of Nebraska, Relator, v. John P. MURPHY, Respondent.

Supreme Court of Nebraska.

February 3, 1995.

Attorney(s) appearing for the Case

Don Stenberg, Atty. Gen., L. Steven Grasz, and Dale A. Comer, Lincoln, for relator.

Robert B. Creager, of Anderson, Creager & Wittstruck, P.C., Lincoln, for respondent.

HASTINGS, C.J., and WHITE, CAPORALE, FAHRNBRUCH, LANPHIER, WRIGHT, and CONNOLLY, JJ.

PER CURIAM.

The State, through its Attorney General, relator Don Stenberg, brought this original action in quo warranto to oust respondent, John P. Murphy, a duly qualified and acting judge of the district court, from membership on the Nebraska Commission on Law Enforcement and Criminal Justice. The State alleges that respondent's dual service as a judge and member of the commission violates the distribution of powers clause found in Neb. Const. art. II, § 1...

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