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SLOSBURG v. CITY OF OMAHA

No. 37008.

165 N.W.2d 90 (1969)

183 Neb. 839

Stanley SLOSBURG, Appellant, v. CITY OF OMAHA, a Municipal Corporation, Appellee, Meyer Katzman and Frederick C. Gilbert, Intervenors-Appellees.

Supreme Court of Nebraska.

February 7, 1969.

Attorney(s) appearing for the Case

Foulks, Wall & Wintroub, Omaha, for appellant.

Herbert M. Fitle, James E. Fellows, Omaha, for City of Omaha.

Abrahams, Kaslow & Cassman, Frederick C. Gilbert, Omaha, for intervenors-appellees.

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

CARTER, Justice.

This is a declaratory judgment action in which the plaintiff sought to have the rights of the plaintiff declared in a controversy with the city of Omaha and owners of real estate adjoining plaintiff's lands on which he had constructed fences used as backstops and sidestops to a tennis court. At the close of plaintiff's evidence, the trial court dismissed the action and plaintiff has appealed.

In June 1966, plaintiff, without securing a permit...

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