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TALBOTT v. CITY OF LYONS

No. 34830.

105 N.W.2d 918 (1960)

171 Neb. 186

Delbert TALBOTT, etc., Appellant, v. CITY OF LYONS, Nebraska, a municipal corporation, et al., Appellees, Iowa Electric Light & Power Co., Intervener-Appellant.

Supreme Court of Nebraska.

November 10, 1960.

Attorney(s) appearing for the Case

Raun & Samuelson, Walthill, for appellant.

John A. Young, Lyons, Perry, Perry & Nuernberger, Lincoln, for appellees.

Cassem, Tierney, Adams & Henatsch, Omaha, for Iowa Electric Light & Power Co.

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

WENKE, Justice.

Charles Walton, as a resident, taxpayer, and legally qualified voter of the city of Lyons, brought this action in the district court for Burt County on behalf of himself, and all others similarly situated, against the city of Lyons, its mayor, councilmen, clerk and treasurer, and the Kirkpatrick-Pettis Company, a corporation. The purpose of the action is to permanently enjoin the defendants, and each of them, from taking any action for the purpose...

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