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READ v. CITY OF SCOTTSBLUFF

No. 35989.

138 N.W.2d 471 (1965)

179 Neb. 410

Herbert W. READ, Winifred M. Read, James F. Read, Robert A. Read, Trustees of the Estate of A. H. Read, Deceased, Appellants, v. The CITY OF SCOTTSBLUFF, a Municipal Corporation, Appellee.

Supreme Court of Nebraska.

December 3, 1965.

Attorney(s) appearing for the Case

Van Steenberg, Winner & Wood, Scottsbluff, for appellants.

Loren G. Olsson, City Atty., Marvin L. Holscher, Scottsbluff, for appellee.

Ralph D. Nelson, City Atty., Henry L. Holst, Deputy City Atty., Vincent D. Brown, Arlyss W. Spence, Asst. City Attys., Lincoln, for amici curiae.

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

McCOWN, Justice.

On August 26, 1963, the City of Scottsbluff passed an ordinance annexing certain property, including that of the plaintiffs, to the City of Scottsbluff. The ordinance was enacted under the provisions of L.B. 338, 1963 Legislative Session, and the plaintiffs perfected their appeal to the district court pursuant to section 4 of that act (s. 16-110, R.S.Supp., 1963). The district court found generally for...

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