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NIKLAUS v. MILLER

No. 33563.

66 N.W.2d 824 (1954)

159 Neb. 301

William NIKLAUS, for the benefit and on behalf of the City of Lincoln, Nebraska, etc., Appellant, v. Frank J. MILLER, Treasurer of the City of Lincoln, Appellee.

Supreme Court of Nebraska.

November 12, 1954.

Attorney(s) appearing for the Case

Herbert W. Baird, Lincoln, for appellant.

John H. Comstock and Jack M. Pace, Lincoln, for appellee.

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

WENKE, Justice.

This is an appeal from the district court for Lancaster County. William Niklaus, as a resident, citizen, and taxpayer of the city of Lincoln brought the action against the city's treasurer, Frank J. Miller. The purpose of the action is to enjoin the treasurer of the city from making payments to anyone under and by virtue of a contract entered into by the city with Dobson Brothers Construction Company. Trial was had which resulted in the action being...

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