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PHELPS, INC. v. CITY OF HASTINGS

No. 32726.

42 N.W.2d 300 (1950)

152 Neb. 651

PHELPS, Inc. v. CITY OF HASTINGS.

Supreme Court of Nebraska.

April 13, 1950.

Attorney(s) appearing for the Case

Albert P. Madgett, Hastings, for appellant.

Stiner & Boslaugh, Hastings, for appellee.

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

CARTER, Justice.

This is a suit for an injunction to enjoin the enforcement of an ordinance of the city of Hastings which by its terms prohibited the sale at retail of beer and alcoholic liquors other than beer in the original packages for use off the premises in the same room or location. A demurrer to the petition was overruled, and the defendants electing to stand thereon, the trial court entered an order permanently enjoining the defendant city and its officers...

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