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CHICAGO & NORTH WESTERN RY. CO. v. CITY OF SEWARD

No. 34297.

88 N.W.2d 175 (1958)

166 Neb. 123

CHICAGO & NORTH WESTERN RAILWAY COMPANY, a corporation, Appellant, v. The CITY OF SEWARD, Nebraska, a municipal corporation, Appellee.

Supreme Court of Nebraska.

February 21, 1958.

Attorney(s) appearing for the Case

Neely, Otis & Neely, Omaha, for appellant.

Paul H. Bek, Ivan A. Blevens, Seward, 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 Seward County. It involves a claim for refund by the Chicago & North Western Railway Company from the City of Seward of a part of a special assessment made against it by the city and paid by the railroad, the claim being made by the railroad under and pursuant to the provisions of section 77-1735, R.R.S.1943. The district court disallowed the claim for refund and dismissed the action. The railroad filed...

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