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VAN PATTEN v. CITY OF OMAHA

No. 34388.

94 N.W.2d 664 (1959)

167 Neb. 741

Wilbur L. VAN PATTEN and Phyllis L. Van Patten, Appellees, v. CITY OF OMAHA, a Municipal Corporation, Appellant.

Supreme Court of Nebraska.

February 6, 1959.

Attorney(s) appearing for the Case

Herbert M. Fitle, City Atty., Bernard E. Vinardi, Irving B. Epstein, Frederick A. Brown, Donald H. Erickson, Omaha, for appellant.

Gaines, Spittler & Moore, Omaha, for appellees.

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

SIMMONS, Chief Justice.

This is an action in condemnation brought by the city of Omaha. Wilbur L. and Phyllis L. Van Patten were the owners of the property when the proceedings began. The appeal here involves the correctness of a summary judgment granted by the trial court holding that the proceedings in condemnation were null and void. The city appeals.

This cause was argued and submitted to the court on June 4, 1958. On July 2, 1958, we set the cause down...

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