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IOWA ELECTRIC LIGHT & POWER CO. v. CITY OF LYONS, NEB.

Civ. A. No. 0137.

166 F.Supp. 676 (1958)

IOWA ELECTRIC LIGHT & POWER COMPANY, a Corporation, Plaintiff, v. CITY OF LYONS, NEBRASKA, a Municipal Corporation, et al., Defendants.

United States District Court D. Nebraska.

September 30, 1958.

Attorney(s) appearing for the Case

Harry R. Henatsch, of Cassem, Tierney, Adams, Kennedy & Henatsch, Omaha, Neb., for plaintiff.

John A. Young, Lyons, Neb., E. B. Perry, Arthur E. Perry, R. R. Perry and W. W. Nuernberger, Lincoln, Neb., for defendants.

ROBINSON, Chief Judge.

Whether proceedings in the condemnation of properties of the Iowa Electric Light and Power Company (which have already been initiated) are to be enjoined by this Court is the subject of the present litigation. The matter had this origin: the plaintiff, a public utility, owns a gas distribution system serving municipalities in both Iowa and Nebraska, including the City of Lyons, Nebraska. On April 3, 1956, the city held a general election at...

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