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STATE v. HATFIELD

No. 36838.

158 N.W.2d 612 (1968)

183 Neb. 157

STATE of Nebraska ex rel. Theodore L. CARLSON, Special Deputy Attorney for Douglas County, Nebraska, Appellant, v. Edward HATFIELD; _____ Hatfield, his wife, if married, first real and true name unknown, et al., Appellees.

Supreme Court of Nebraska.

May 3, 1968.

Attorney(s) appearing for the Case

Herbert M. Fitle, City Atty., Frederick A. Brown, Edward M. Stein, Walter J. Matejka, James E. Fellows, Allen L. Morrow, John B. Abbott, Theodore J. Clements, George S. Selders, Jr., Terrence J. Ferguson, Omaha, for appellant.

Paul E. Watts, Omaha, for appellees.

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

BOSLAUGH, Justice.

This is an action in equity to abate a public nuisance. The relator is an assistant city prosecutor of the city of Omaha and a special deputy county attorney of Douglas County, Nebraska. The defendant Hatfield is the owner of the property. The defendant Johnson is a lessee and in possession of the property. The trial court dismissed the action and the relator has appealed.

The evidence shows that the defendant Johnson has operated a cafe...

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