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MYERS v. NEBRASKA INV. COUNCIL

No. S-05-532.

724 N.W.2d 776 (2006)

272 Neb. 669

Larry W. MYERS, for himself and all other persons similarly situated, Appellant v. NEBRASKA INVESTMENT COUNCIL, an agency of the State of Nebraska, et al., Appellees.

Supreme Court of Nebraska.

December 8, 2006.

Attorney(s) appearing for the Case

H. Daniel Smith and David J. Koukol, of Dwyer, Smith, Gardner, Lazer, Pohren, Rogers & Forrest, L.L.P., Omaha, and J. Patrick Green, of Creighton University School of Law, for appellant.

Jon Bruning, Attorney General, and Dale A. Comer, and Tim Engler and Christopher R. Heinrich, of Harding, Shultz & Downs, Lincoln, Special Assistant Attorneys General, for appellees Nebraska Investment Council et al.

Shawn Renner, of Cline, Williams, Wright, Johnson & Oldfather, L.L.P., Lincoln, and Earl H. Nemser and David S. Hoffner, of Dechert, L.L.P., New York City, for appellees WG Trading Company, L.P., and Westridge Capital Management, Inc.

CONNOLLY, GERRARD, McCORMACK, and MILLER-LERMAN, JJ., and CARLSON and MOORE, Judges, and HANNON, Judge, Retired.

CONNOLLY, J.

Larry W. Myers appeals from a district court order dismissing a class action he filed on behalf of himself and other taxpayers to recover an alleged illegal expenditure of state funds. Myers sought an order declaring illegal, ultra vires, and void two contracts entered into between the Nebraska Investment Council (NIC) and private entities, WG Trading Company Limited Partnership (WG Trading) and Westridge Capital Management, Inc. (Westridge). Myers alleged...

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