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CITY OF SCOTTSBLUFF v. UNITED TEL. CO. OF THE WEST

No. 34792.

106 N.W.2d 12 (1960)

171 Neb. 229

CITY OF SCOTTSBLUFF, a Municipal Corporation, Appellant, v. UNITED TELEPHONE COMPANY OF THE WEST, a Corporation, Appellee, Northwestern Bell Telephone Company et al., Interveners and Appellees, Impleaded with State of Nebraska, Appellee. In the Matter of the telephone charges of the United Telephone Company of the West in the City of Scottsbluff, Nebraska.

Supreme Court of Nebraska.

November 18, 1960.

Attorney(s) appearing for the Case

Loren G. Olsson, Scottsbluff, Nelson, Harding & Acklie, Lincoln, for appellant.

Wright & Simmons, James R. Hancock, Scottsbluff, for United Telephone Co. of the West.

Edward Sklenicka, Omaha, Bert L. Overcash, Lincoln, Gerald J. Hallstead, Crete, for Northwestern Bell Telephone Co., and others.

C. S. Beck, Atty. Gen., Homer Hamilton, Asst. Atty. Gen., for State.

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

CHAPPELL, Justice.

On September 30, 1959, the City of Scottsbluff, herein called plaintiff, filed a complaint, No. 935, with the Nebraska State Railway Commission, herein called commission, seeking as a municipal corporation and as a subscriber on behalf of all other subscribers within said city, to have set aside and vacated orders of the commission entered January 26, 1959, and April 21, 1959, which authorized United Telephone Company of the West, herein called...

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