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ASH v. CITY OF OMAHA

Nos. 32667, 32672.

41 N.W.2d 386 (1950)

152 Neb. 393

ASH et al. v. CITY OF OMAHA et al. (two cases).

Supreme Court of Nebraska.

Rehearing Denied May 12, 1950.

Attorney(s) appearing for the Case

No. 32667:

Frank C. Heinisch, Omaha, for appellant.

G. H. Seig, Fraser, Connolly, Crofoot & Wenstrand, Kennedy, Holland, DeLacy & Svoboda, Edwin Cassem, J. A. C. Kennedy, Jr., Edward F. Fogarty, Edward Sklenicka, James M. Paxson, Herbert M. Fitle, Omaha, for appellees.

No. 32672:

Kennedy, Holland, DeLacy & Svoboda, Edwin Cassem, J. A. C. Kennedy, Jr., Omaha, for appellant.

G. H. Seig, Fraser, Connolly, Crofoot & Wenstrand, Frank C. Heinisch, Omaha, for appellees.

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

MESSMORE, Justice.

This is an action in equity brought by the plaintiffs as resident taxpayers of the metropolitan city of Omaha, against the City of Omaha, its mayor and council, the Cassel Realty Company, the Metcalfe Construction Company, corporations, and Theodore W. Metcalfe, in the district court for Douglas County to obtain a judgment finding and declaring the acquisition by the city of a 20-acre tract of land referred to as Krug Park to be ultra vires, illegal...

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