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SKAG-WAY DEPARTMENT STORES, INC. v. CITY OF OMAHA

No. 36078.

140 N.W.2d 28 (1966)

179 Neb. 707

SKAG-WAY DEPARTMENT STORES, INC., a Corporation, Appellant, v. The CITY OF OMAHA, Nebraska, a Municipal Corporation et al., Appellees.

Supreme Court of Nebraska.

February 11, 1966.

Attorney(s) appearing for the Case

Cunningham & Blackburn, Grand Island, for appellant.

Herbert M. Fitle, City Atty., Edward M. Stein, Frederick A. Brown, Sebastian J. Todero, Walter J. Matejka, James E. Fellows, Allen L. Morrow, P. A. Spenceri, Omaha, for appellees.

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

CARTER, Justice.

This is an action by Skag-Way Department Stores, Inc., against the City of Omaha, its mayor, and chief of police to enjoin the threatened enforcement of Chapters 19.12 and 19.24 of the municipal code of the city of Omaha. The defendants filed an answer and cross-petition asserting the validity of the questioned code provisions and praying that the court so hold. The trial court found for the defendants and dismissed the action. The plaintiff has appealed...

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