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KELLEY v. JOHN

No. 33971.

75 N.W.2d 713 (1956)

162 Neb. 319

Donald E. KELLEY, Georgia E. Kelley, Safeway Stores, Incorporated, et al., Appellants, v. Arthur JOHN, as Mayor of the City of McCook, Nebraska, et al., Appellees, J. Harold Donaldson, Jr., M. D., et al., Interveners-Appellees.

Supreme Court of Nebraska.

March 24, 1956.

Attorney(s) appearing for the Case

Morrison, Lyons & Starrett, McCook, Kennedy, Holland, DeLacy & Svoboda, Omaha, for appellants.

Stanley R. Scott, McCook, for appellees.

Russell & Colfer, J. D. Wood, Jr., McCook, for interveners-appellees.

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

CARTER, Justice.

This is an appeal by plaintiffs from an order and judgment of the district court for Red Willow County, sustaining defendants' demurrer to plaintiffs' petition and dismissing the action.

The plaintiffs, Donald E. Kelley and Georgia E. Kelley, are the owners of Lots 10 through 19, Block 3, Kelley's Hilltop Addition to the City of McCook, Nebraska. The plaintiff, F. E. Dillman, is the representative of the Berean Fundamental Church Council,...

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