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VAP v. CITY OF McCOOK

No. 35902.

136 N.W.2d 220 (1965)

178 Neb. 844

Fred VAP et al., Appellees, v. CITY OF McCOOK, a Municipal Corporation et al., Appellants, State of Nebraska, Department of Roads, Intervener-Appellant.

Supreme Court of Nebraska.

July 2, 1965.

Attorney(s) appearing for the Case

Russell & Colfer, McCook, Cline, Williams, Wright, Johnson, Oldfather & Thompson, Lincoln, for appellants.

Marti, O'Gara, Dalton & Bruckner, Lincoln, for appellees.

Clarence A. H. Meyer, Atty. Gen., Harold Salter, Asst. Atty. Gen., Warren D. Lichty, Jr., Sp. Asst. Atty. Gen., Lincoln, for State.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, BROWER, SMITH, and McCOWN, JJ.

BROWER, Justice.

The plaintiffs, Fred Vap, Ralph Miller, and others, all residents and taxpayers of the City of McCook, brought this action in the district court for Red Willow County. Its purpose was to enjoin the defendants, City of McCook, its mayor, and council, from carrying out the provisions of two contracts entered into April 9, 1963, between the City of McCook and the State of Nebraska, Department of Roads, and to declare null and void the provisions thereof...

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