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NIKLAUS v. ABEL CONSTRUCTION COMPANY

No. 34145.

83 N.W.2d 904 (1957)

164 Neb. 842

William NIKLAUS, for the benefit and on behalf of the City of Lincoln, Nebraska, a body politic and the taxpayers and residents of said City, Appellant, v. ABEL CONSTRUCTION COMPANY, a corporation, and Universal Surety Company, a corporation, Appellees.

Supreme Court of Nebraska.

June 28, 1957.

Attorney(s) appearing for the Case

Herbert W. Baird, Lincoln, for appellant.

Woods, Aitken & Aitken, Lincoln, for appellees.

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

SIMMONS, Chief Justice.

This is an action brought by William Niklaus "for the benefit and in behalf of the City of Lincoln, Nebraska, a body politic," as recited in the caption of the petition and as recited in the body of the petition "for benefit of city of Lincoln." The defendants are Abel Construction Company, a corporation, and "Universal Surety Company."

The petition recited that plaintiff is a citizen and taxpayer and that the city of Lincoln is a municipal...

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