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EVANS v. METROPOLITAN UTILITIES DISTRICT OF OMAHA

No. 37385.

176 N.W.2d 679 (1970)

185 Neb. 464

Mervin D. EVANS, Appellee, Cross-Appellant, v. METROPOLITAN UTILITIES DISTRICT OF OMAHA, Appellant, Cross-Appellee, Impleaded with City of Omaha et al., Appellees.

Supreme Court of Nebraska.

April 24, 1970.

Attorney(s) appearing for the Case

C. S. Brubaker, W. L. Strong, Lester R. Seiler, Omaha, for appellant, cross-appellee.

Foulks, Wall & Wintroub, Omaha, for appellee, cross-appellant Evans.

Herbert M. Fitle, City Atty., Schmid, Ford, Snow, Green & Mooney, Omaha, for appellees City of Omaha and others.

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

SPENCER, Justice.

This is a class action brought by Mervin D. Evans, plaintiff, on his own behalf and that of all other ratepayers, against Metropolitan Utilities District of Omaha, hereinafter referred to as MUD, to enjoin the making of payments under section 14—1041, R.R.S.1943, and against the City of Omaha, to recover all money paid since 1947 under said statute by MUD to the City of Omaha. Plaintiff's petition and a cross-petition filed by MUD were dismissed...

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