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

No. 16128.

265 F.2d 273 (1959)

IOWA ELECTRIC LIGHT & POWER COMPANY, a corporation, Appellant, v. CITY OF LYONS, NEBRASKA, a municipal corporation, et al., Appellees.

United States Court of Appeals Eighth Circuit.

April 17, 1959.

Attorney(s) appearing for the Case

Harry R. Henatsch, Omaha, Neb. (Cassem, Tierney, Adams, Kennedy & Henatsch, Omaha, Neb., were with him on the brief), for appellant.

W. W. Nuernberger, Lincoln, Neb. (John A. Young, E. B. Perry, Arthur E. Perry, R. R. Perry and E. C. Perry, Lincoln, Neb., were with him on the brief), for appellees.

Before SANBORN, JOHNSEN and VAN OOSTERHOUT, Circuit Judges.

SANBORN, Circuit Judge.

This is an appeal from a judgment entered on October 14, 1958, dismissing the complaint of the plaintiff (appellant), which sought an injunction to prevent the City of Lyons, Nebraska, from acquiring by condemnation the properties of the plaintiff constituting the gas distribution system serving that City. The defendants (appellees) are the City and the three Nebraska State District Judges appointed by the Supreme Court of Nebraska as a Court...

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