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RUTHERFORD v. CITY OF OMAHA

No. 36750.

160 N.W.2d 223 (1968)

183 Neb. 398

R. K. RUTHERFORD; Nebraska Investment Company, a Nebraska Corporation, Appellants, v. The CITY OF OMAHA, a Municipal Corporation et al., Appellees, Oddo's Drive In, Inc., a Nebraska Corporation, Intervener-Appellant.

Supreme Court of Nebraska.

July 19, 1968.

Attorney(s) appearing for the Case

Ross & O'Connor, Omaha, for appellants and intervener-appellant.

Herbert Fitle, City Atty., Edward M. Stein, Edward A. Mullery, Omaha, for appellees.

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

SMITH, Justice.

Plaintiffs' and intervener's petitions concerning sewer use charges made by the City of Omaha were dismissed after trial. Plaintiffs and intervener have appealed. Their contentions are: (1) The rates and charges were unjustly discriminatory. The city unduly preferred (a) the class of commercial and industrial users to the class of residential users, and (b) the large residential user and the large industrial...

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