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SHAMES v. STATE OF NEBRASKA

Civ. No. 03255.

323 F.Supp. 1321 (1971)

Ali SHAMES, Ahmed Shames, Buda Shames and Samira Shames, Heirs, Plaintiffs, v. STATE OF NEBRASKA, Clarence A. H. Meyer, Attorney General for State of Nebraska, Norbert Tiemann, Governor of the State of Nebraska, Paul Robinson, County Attorney of Cedar County, Nebraska, Judge Joseph Marsh, Judge of the District Court of Cedar County, Nebraska, and Max Goetz, Administrator of the Estate of Hussan James, a/k/a Hussan Shames in Cedar County, Nebraska, Defendants.

United States District Court, D. Nebraska.

February 11, 1971.

Attorney(s) appearing for the Case

Phillip S. Dandos, Sioux City, Iowa, and Mohummed Sadden, South Sioux City, Neb., for plaintiffs.

Clarence A. H. Meyer, Atty. Gen., and Bernard L. Packett, Asst. Atty. Gen., State of Neb., for defendants.

Before LAY, Circuit Judge, and ROBINSON and VAN PELT, District Judges.

MEMORANDUM

ROBINSON, District Judge.

This matter comes before the Court on defendant's motion to dismiss, on plaintiff's motion to convene a Three-Judge District Court to enjoin the enforcement and execution of the provisions of Sections 76-401 and 76-402 Revised Statutes of Nebraska 1943 and for a determination on the merits of the relief prayed for. By the Order of this Court dated May 8, 1970, it was decreed that a trial and argument be set for June 1...

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