MIDWEST POPCORN CO. v. JOHNSON

No. 32797.

43 N.W.2d 174 (1950)

152 Neb. 867

MIDWEST POPCORN CO. v. JOHNSON et al.

Supreme Court of Nebraska.

June 23, 1950.


Attorney(s) appearing for the Case

Munger & Rhodes, Omaha, for appellant.

C. S. Beck, Attorney General, Homer L. Kyle, Asst. Atty. General, Clarence A. H. Meyer, Asst. Atty. Gen., for appellees.

King, Haggart & Kennedy, Omaha, Amicus Curiae.

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


CARTER, Justice.

This is a suit in equity for a declaratory judgment determining the constitutionality of the Tax Appraisal Board Act, section 77-1301 and 77-2501 to 77-2510, R.S.1943, as amended in 1947 and 1949. The trial court sustained a demurrer to the petition and, plaintiff having declined to further plead, dismissed the action. Plaintiff appeals.

The action was brought by the plaintiff on behalf of itself and all taxpayers similarly situated, to enjoin...

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