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STATE v. OMAHA PUBLIC POWER DISTRICT

No. 35259.

118 N.W.2d 7 (1962)

174 Neb. 350

The STATE of Nebraska ex rel. DAWSON COUNTY FEED PRODUCTS, INC., a corporation, Appellee, v. OMAHA PUBLIC POWER DISTRICT, a public corporation, Appellant, and City of Fremont, Nebraska, a municipality, Intervener-Appellant, Utility Section of the League of Nebraska Municipalities, amicus curiae.

Supreme Court of Nebraska.

November 16, 1962.

Attorney(s) appearing for the Case

Fraser, Stryker, Marshall & Veach, Omaha, Tracy J. Peycke, Omaha, for Omaha Public Power Dist.

Sidner, Lee, Gunderson & Svoboda, Fremont, for City of Fremont, intervener-appellant.

Stewart & Stewart, Lexington, for appellee.

Perry & Perry, Lincoln, amicus curiae.

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

YEAGER, Justice.

This action was instituted by the State of Nebraska on relation of Dawson County Feed Products, Inc., a corporation, relator. By the action the relator sought a writ of mandamus for the purpose of requiring Omaha Public Power District, a public corporation, respondent, to furnish to relator all necessary electrical energy and electricity required in the construction and operation of its plant on certain described real estate in Dodge County, Nebraska...

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