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CHICAGO & N. W. RY. CO. v. CITY OF OMAHA

No. 32973.

48 N.W.2d 409 (1951)

154 Neb. 442

CHICAGO & N. W. RY. CO. v. CITY OF OMAHA.

Supreme Court of Nebraska.

June 14, 1951.

Attorney(s) appearing for the Case

Edward F. Fogarty, Edward Sklenicka, James M. Paxson and Herbert M. Fitle, all of Omaha, for appellant.

Perry & Perry, Lincoln, Amici Curiae.

Neely, Otis & Cockle, Omaha, for appellee.

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

CHAPPELL, Justice.

This is an appeal from a special assessment levied by the city council of Omaha upon plaintiff's right-of-way included in a municipal paving district in which the lots, lands, and real estate of other owners included therein were also assessed under the same plan of assessment. Street improvement district No. 4142 was duly organized for the purpose of constructing paving, curbs, and gutters along Forty-second Street in the city of Omaha, between...

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