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FELDMAN v. CITY OF OMAHA

No. 37013.

166 N.W.2d 421 (1969)

184 Neb. 226

David L. FELDMAN, Appellant, v. CITY OF OMAHA, a Municipal Corporation, et al., Appellees.

Supreme Court of Nebraska.

March 28, 1969.

Attorney(s) appearing for the Case

Stern, Harris, Feldman & Becker, Omaha, for appellant.

Herbert M. Fitle, City Atty., Edward Stein, Asst. City Atty., Abrahams, Kaslow & Cassman, Hunter, Venteicher & Kasher, Omaha, for appellees.

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

BOSLAUGH, Justice.

The City of Omaha, by ordinance, vacated a part of Capitol Avenue between Fiftieth and Fifty-first Streets. This action was brought by David L. Feldman, a property owner residing at 5113 Capitol Avenue, to declare the vacation ordinance void and enjoin its enforcement. The defendants are the City of Omaha, its mayor and councilmen, and the N. P. Dodge Building Company. The N. P. Dodge Building Company owns the property on each side of Capitol Avenue...

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