CENTRAL ELECTRIC & GAS CO. v. CITY OF STROMSBURG, NEB.

No. 16585.

289 F.2d 217 (1961)

CENTRAL ELECTRIC & GAS COMPANY, a corporation, Appellant, v. CITY OF STROMSBURG, NEBRASKA, a municipal corporation, and the Court of Condemnation composed of Edmund Nuss, John M. Dierks, and Dayton R. Mounts, Appellees.

United States Court of Appeals Eighth Circuit.

April 7, 1961.


Attorney(s) appearing for the Case

Warren K. Dalton, Lincoln, Neb., for appellant. Lloyd J. Marti and Marti, O'Gara, Dalton & Sheldon, Lincoln, Neb., on brief, for appellant.

Thomas M. Davies, Lincoln, Neb., for appellees. Richard H. Williams, of Davies & Williams, Lincoln, Neb., and J. T. Stanton, Stromsburg, Neb., on brief, for appellees.

Before SANBORN, VAN OOSTERHOUT and MATTHES, Circuit Judges.


SANBORN, Circuit Judge.

This is an appeal by the Central Electric & Gas Company from a judgment dismissing its complaint in an action to enjoin the City of Stromsburg and other defendants from taking further proceedings for the condemnation of the plaintiff's gas distribution system, which serves that City. The condemnation proceedings were instituted by the City on March 13, 1956, when the City Council adopted an ordinance providing for the submission to the...

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