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DUNMAR INVESTMENT CO. v. NORTHERN NATURAL GAS CO.

No. 37359.

176 N.W.2d 4 (1970)

185 Neb. 400

DUNMAR INVESTMENT COMPANY, a Nebraska Corporation and Duncan E. McPherson, Appellants, v. NORTHERN NATURAL GAS COMPANY, a Corporation, Metropolitan Utilities District of Omaha, a Municipal Corporation, and City of Omaha, a Municipal Corporation, Appellees.

Supreme Court of Nebraska.

April 3, 1970.

Attorney(s) appearing for the Case

Foulks, Wall & Wintroub, Omaha, for appellants.

Thomas N. Wright, Boland, Mullin & Walsh, F. Vinson Roach, Willis L. Strong, James E. Fellows, Omaha, for appellees.

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

NEWTON, Justice.

This action tests the right of defendant Northern Natural Gas Company to use the subsurface of the streets of the city of Omaha for pipes conveying steam and refrigerated water without first securing a franchise. Judgment for defendants was entered in the trial court. We affirm the judgment of the trial court.

For convenience, defendants Northern Natural Gas Company, Metropolitan Utilities District of Omaha, and the City of Omaha will be hereinafter...

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