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CITY OF OMAHA v. CUTCHALL

No. 35087.

114 N.W.2d 6 (1962)

173 Neb. 452

CITY OF OMAHA, a Municipal Corporation, Appellant, v. Robert CUTCHALL, Demetrie C. Siampaus, Sophia I. Siampaus and Stanley K. Komorski, Appellees.

Supreme Court of Nebraska.

March 9, 1962.

Attorney(s) appearing for the Case

Herbert M. Fitle, Bernard E. Vinardi, Irving B. Epstein, Frederick A. Brown, Benjamin M. Wall, Edward M. Stein, Steven J. Lustgarten, Omaha, for appellant.

Marks, Clare, Hopkins & Rauth, Omaha, for appellees.

Heard before CARTER, MESSMORE, YEAGER, SPENCER, BOSLAUGH and BROWER, JJ.

BROWER, Justice.

This is an action brought by the city of Omaha, as plaintiff and appellant, to enjoin the defendants and appellees from using the northerly portion of certain lots hereinafter described for commercial purposes.

The defendant Cutchall was the tenant in possession of the lots under lease from the defendants Demetrie C. Siampaus, Sophia I. Siampaus, and Stanley K. Komorski, the owners thereof.

Plaintiffs' petition seeks to restrain the...

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