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BOWLEY v. CITY OF OMAHA

No. 36411.

149 N.W.2d 417 (1967)

181 Neb. 515

Lawrence V. BOWLEY and Gertrude C. Bowley, Appellants, v. CITY OF OMAHA, a Municipal Corporation, Douglas County et al., Appellees.

Supreme Court of Nebraska.

March 17, 1967.

Attorney(s) appearing for the Case

James F. Green, Charles S. Reed, Omaha, for appellants.

Herbert M. Fitle, Edward M. Stein, Donald L. Knowles, James M. Murphy, Frederick A. Brown, White, Lipp, Simon & Powers, Omaha, for appellees.

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

SPENCER, Justice.

This is an action in equity for a declaratory judgment and an injunction to declare ultra vires and void a contract between the City of Omaha, hereinafter referred to as City; the County of Douglas, hereinafter referred to as County; the Airport Authority of the City of Omaha, hereinafter referred to as Authority; and Eugene C. Eppley Foundation, Inc., hereinafter referred to as Eppley; and to enjoin the City from condemning plaintiffs' land pursuant...

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