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UNITED STATES COLD STORAGE CORPORATION v. STOLINSKI

No. 34494.

96 N.W.2d 408 (1959)

168 Neb. 513

UNITED STATES COLD STORAGE CORPORATION, a corporation, Appellee, v. Joseph STOLINSKI, County Assessor of Douglas County, Nebraska, et al., Appellants.

Supreme Court of Nebraska.

May 8, 1959.

Attorney(s) appearing for the Case

Eugene F. Fitzgerald, County Atty., John C. Burke, Arthur D. O'Leary, Deputy County Attys., Omaha, for appellants.

Kennedy, Holland, DeLacy & Svoboda, Omaha, for appellee.

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

CARTER, Justice.

The plaintiff commenced this action to obtain a declaratory judgment holding section 77-1226, R.S.Supp., 1957, to be unconstitutional and void, and of no force and effect. The trial court held the act unconstitutional and enjoined the defendants from enforcing or attempting to enforce the act against the plaintiff. The defendants have appealed.

The plaintiff owns and operates a cold storage warehouse in Omaha. Its present plant was constructed...

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