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DOVEL v. SCHOOL DISTRICT NO. 23

No. 34338.

90 N.W.2d 58 (1958)

166 Neb. 548

Cecil DOVEL, Appellee, v. SCHOOL DISTRICT NO. 23, et al. Impleaded with School District No. 44, Otoe County, Nebraska, et al., Appellants, Walter Wilhelm et al., Intervenors Appellees.

Supreme Court of Nebraska.

May 2, 1958.

Attorney(s) appearing for the Case

Bernard M. Spencer, Nebraska City, Perry, Perry & Nuernberger, Lincoln, for appellants.

Wellensiek & Morrissey, Syracuse, for Wilhelm.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE and BOSLAUGH, JJ.

CARTER, Justice.

This is an appeal from a judgment of the district court for Otoe County in an error proceeding in which it was determined that an order issued by the county superintendent of schools for Otoe County attaching all or part of school districts Nos. 23, 24, 45, 46, 59, 67, 79, 93, and 95 to school district No. 44, was null and void. The defendants in error in the district court have appealed.

Appellees have filed a motion to dismiss the appeal...

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