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ARO INVESTMENT COMPANY v. CITY OF OMAHA

No. 35956.

139 N.W.2d 349 (1966)

179 Neb. 569

ARO INVESTMENT COMPANY, a Corporation, Appellee, v. CITY OF OMAHA, Nebraska, a Municipal Corporation, in the State of Nebraska, Appellant, Impleaded with Harry Trustin et al., Appellees.

Supreme Court of Nebraska.

January 14, 1966.

Attorney(s) appearing for the Case

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

Jack W. Marer, Seymour L. Smith, Omaha, for Aro Inv. Co.

Kelley, Grant & Costello, Michael J. Dugan, Omaha, for Harry Trustin et al.

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

SPENCER, Justice.

This is an action brought by the Aro Investment Company, a corporation, hereinafter referred to as plaintiff, against the city of Omaha, the mayor and the members of the city council, and the property owners abutting on the sides of what will hereinafter be designated as vacated Thirty-sixth Street. The action is to restrain the enforcement of ordinance No. 22375 of the city of Omaha vacating and closing Thirty-sixth Street from Frances Street to...

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