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SCHOOL DISTRICT OF McCOOK v. CITY OF McCOOK

No. 34077.

81 N.W.2d 224 (1957)

163 Neb. 817

The SCHOOL DISTRICT OF McCOOK in the COUNTY OF RED WILLOW, Nebraska, Appellant, v. The CITY OF McCOOK, Appellee.

Supreme Court of Nebraska.

February 22, 1957.

Attorney(s) appearing for the Case

Carson Russell, Russell & Colfer, McCook, Mothersead, Wright & Simmons, Scottsbluff, for appellant.

Stanley R. Scott, McCook, for appellee.

Edward F. Fogarty, Omaha, Jack M. Pace, and Wayne R. Douce, Lincoln, amici curiae.

Heard before CARTER, MESSMORE, YEAGER, WENKE, and BOSLAUGH, JJ.

CARTER, Justice.

This is an action for a declaratory judgment brought by the School District of McCook against the City of McCook for a determination that the moneys paid after a receipt of a violation notice under the parking-meter ordinances of the city of McCook are fines, penalties, and license moneys within the meaning of Article VII, section 5, of the Constitution of Nebraska. The trial court found that such moneys were not within such constitutional provision...

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