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CITY OF BELLEVUE v. EASTERN SARPY CO. SUB. F. PRO. DIST.

No. 36205.

143 N.W.2d 62 (1966)

180 Neb. 340

The CITY OF BELLEVUE, Appellee, v. EASTERN SARPY COUNTY SUBURBAN FIRE PROTECTION DISTRICT, Appellant.

Supreme Court of Nebraska.

May 27, 1966.

Attorney(s) appearing for the Case

Richard G. Stehno, Omaha, for appellant.

John E. Rice, Bellevue, for appellee.

Heard before CARTER, SPENCER, BOSLAUGH, BROWER, SMITH and McCOWN, JJ., and RONIN, District Judge.

BOSLAUGH, Justice.

Beginning in 1959, the city of Bellevue, Nebraska, annexed 24 tracts of land which, also, were a part of the Eastern Sarpy County Suburban Fire Protection District. The city brought this action under section 31-766, R.R.S.1943, against the fire protection district to determine the rights, duties, and obligations of the parties.

The district court found that the territory annexed by the plaintiff city should be detached and excluded from...

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