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ELLIOTT v. CITY OF AUBURN

No. 34883.

108 N.W.2d 328 (1961)

172 Neb. 1

LeRoy E. ELLIOTT and Gertie B. Elliott, Appellants, v. The CITY OF AUBURN, Nebraska, a Municipal Corporation, et al., Appellees.

Supreme Court of Nebraska.

March 24, 1961.

Attorney(s) appearing for the Case

Dwight Griffiths, Auburn, for appellants.

Yale C. Holland, Clarence E. Heaney, Jr., Omaha, John Ferneau, Dale K. Cullen, Auburn, Donald F. Stanley, Peru, for appellees.

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

MESSMORE, Justice.

The plaintiffs, LeRoy E. Elliott and Gertie B. Elliott, brought this action in equity in the district court for Nemaha County against the City of Auburn, a municipal corporation, the mayor of the city, the members of the city council, the city clerk, and the county treasurer of Nemaha County, defendants. The purpose of the action was to have special assessments for paving improvements declared void, to enjoin collection of the special assessments...

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