GIESLER v. CITY OF OMAHA

No. 35419.

123 N.W.2d 650 (1963)

175 Neb. 706

James GIESLER and Luke Caniglio, d/b/a Central Park Pharmacy, et al., Appellants, v. CITY OF OMAHA, a Municipal Corporation, Appellee, Don Hansen, d/b/a Don's Mobil, Intervener-Appellant, Dorothy I. Varlamos, d/b/a Varley Drug, Intervener-Appellant.

Supreme Court of Nebraska.

October 4, 1963.


Attorney(s) appearing for the Case

Haney, Walsh & Wall, Omaha, for appellants James Giesler and Luke Caniglio.

Bernard E. Vinardi, Frederick A. Brown, Edward M. Stein, Sebastian J. Todero, Walter J. Matejka, Frederick S. Geihs, Herbert M. Fitle, Omaha, for appellee City of Omaha.

Benjamin M. Wall, Omaha, for intervener-appellants Don Hansen and Dorothy I. Varlamos.

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


CARTER, Justice.

This is an action for a declaratory judgment seeking to have declared unconstitutional an ordinance of the city of Omaha purporting to regulate the doing of business on Sunday. The plaintiffs were the owners of eight separate drug stores in the city of Omaha. Two parties intervened in the action, one the owner of a gasoline filling station and the other the owner of a drug store. The city of Omaha was the sole defendant in the original action and...

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