CITY OF OMAHA v. LEWIS & SMITH DRUG CO.

No. 33264.

57 N.W.2d 269 (1953)

156 Neb. 650

CITY OF OMAHA v. LEWIS & SMITH DRUG CO., Inc.

Supreme Court of Nebraska.

March 6, 1953.


Attorney(s) appearing for the Case

Edward F. Fogarty, Herbert M. Fitle, James M. Paxson and Bernard E. Vinardi, Omaha, for appellant.

Ewarr, May, Royce, Smith & Story, Omaha, for appellee.

White, Lipp & Simon, Omaha, for Fred S. White, amicus curiae.

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


SIMMONS, Chief Justice.

This is an action brought by the plaintiff to secure a declaratory judgment as to whether or not the defendant was violating a Sunday-closing ordinance. Issues were made. Each party moved for a summary judgment. The trial court denied the motion of the plaintiff and sustained that of the defendant. Plaintiff appeals. We reverse the judgment of the trial court and remand the cause with directions.

Defendant operates a retail store in...

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