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MISLE v. MILLER

No. 35468.

125 N.W.2d 512 (1963)

176 Neb. 113

Ben MISLE, Henry Misle and Julius Misle, d/b/a Miste Chevrolet Company, Appellants, v. Frank J. MILLER, City Treasurer, City of Lincoln, State of Nebraska, and the City of Lincoln, State of Nebraska a Municipal Corporation, Appellees.

Supreme Court of Nebraska.

December 20, 1963.

Attorney(s) appearing for the Case

Marti, O'Gara & Dalton, Lincoln, for appellants.

Ralph D. Nelson, Henry L. Holst, Vincent D. Brown, Paul L. Douglas, William D. Blue, Willis R. Hecht, Max Kier, Lincoln, for appellees.

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

BROWER, Justice.

The plaintiffs and appellants, Ben Misle, Henry Misle, and Julius Misle, doing business as Misle Chevrolet Company, brought this action to recover penalties added to the taxes paid by plaintiffs which were alleged to be illegally levied and therefore void. It was brought against the defendant and appellee Frank J. Miller, as treasurer of the City of Lincoln, and by an amended petition the City of Lincoln...

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