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BALLANTYNE COMPANY v. CITY OF OMAHA

No. 34971.

113 N.W.2d 486 (1962)

173 Neb. 229

The BALLANTYNE COMPANY, a corporation, Appellee, v. The CITY OF OMAHA, a municipal corporation, Appellant.

Supreme Court of Nebraska.

February 2, 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.

Seymour L. Smith, Einar Viren, Omaha, for appellee.

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

MESSMORE, Justice.

The plaintiff and claimant, The Ballantyne Company, a corporation, appealed to the district court for Douglas County from the award of the appraisers duly appointed by the city council of the City of Omaha in a condemnation action allowing said plaintiff no damages.

The Ballantyne Company, plaintiff, is a corporation existing under the laws of the State of Nebraska. The City of Omaha, defendant, is a city of the metropolitan class by virtue...

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