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EVANS v. METROPOLITAN UTILITIES DISTRICT OF OMAHA

No. 37021.

166 N.W.2d 411 (1969)

184 Neb. 172

Mervin D. EVANS, Appellant, v. METROPOLITAN UTILITIES DISTRICT OF OMAHA, Nebraska, et al., Appellees.

Supreme Court of Nebraska.

March 14, 1969.

Attorney(s) appearing for the Case

Foulks, Wall & Wintroub, Omaha, for appellant.

Cecil S. Brubaker, Herbert M. Fitle, City Atty., Schmid, Ford, Snow, Green & Mooney, Omaha, John E. Rice, Bellevue, for appellees.

Heard before WHITE, C. J., SPENCER, BOSLAUGH, SMITH, McCOWN, and NEWTON, JJ., and MORAN, District Judge.

WHITE, Chief Justice.

This is an appeal from a Douglas County district court order sustaining a demurrer to the plaintiff's petition and dismissing his petition. The action was brought as a class action on behalf of the plaintiff and other affected rate payers of the defendant Metropolitan Utilities District, hereinafter referred to as M.U.D. The petition of the plaintiff seeks a declaratory judgment of the unconstitutionality of L.B. 425 of the 1967 Legislative Session...

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