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KURTH v. CITY OF LINCOLN

No. 33945.

76 N.W.2d 924 (1956)

162 Neb. 643

Herman R. KURTH and Albert P. Schwarz, Appellees, v. CITY OF LINCOLN, a Municipal Corporation, et al., Appellants.

Supreme Court of Nebraska.

May 18, 1956.

Attorney(s) appearing for the Case

Jack M. Pace, Wayne R. Douce, Lincoln, for appellants.

Homer L. Kyle, Lincoln, for appellees.

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

YEAGER, Justice.

This is an action in mandamus by Herman R. Kurth and Albert P. Schwarz, plaintiffs and appellees, against the City of Lincoln, a municipal corporation, the Mayor and the respective members of the City Council of the City of Lincoln, defendants and appellants.

For cause of action the plaintiffs pleaded in substance that they and their predecessors in title were the owners in fee simple during all...

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