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KANSAS-NEBRASKA NAT. GAS CO. v. CITY OF ST. EDWARD

No. 34374.

91 N.W.2d 69 (1958)

167 Neb. 15

KANSAS-NEBRASKA NATURAL GAS COMPANY, Inc., Appellee, v. CITY OF ST. EDWARD et al., Appellants.

Supreme Court of Nebraska.

June 27, 1958.

Attorney(s) appearing for the Case

James E. Conway, Elmer J. Jackson, Hastings, Cline, Williams, Wright, Johnson, Lincoln, for appellee.

Earl Hasselbalch, St. Edward, for appellants.

Paul J. Gerdes, Smith Bros., Lexington, for City of Lexington, amicus curiae.

Stewart & Stewart, Lexington, Sidner, Lee, Gunderson & Svoboda, Fremont, for Nebraska Natural Gas Co., amicus curiae.

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

SIMMONS, Chief Justice.

In this action plaintiff sought a judgment enjoining the defendants from preventing plaintiff putting into effect a rate schedule for the sale of gas to its customers in the defendant city.

The plaintiff is a corporation engaged in the sale of natural gas. The defendants are the city of St. Edward (a city of the second class), its mayor, and councilmen. They will be hereinafter referred to as the defendants.

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