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OMAHA COUNTRY CLUB v. DWORAK

No. 37558.

183 N.W.2d 264 (1971)

186 Neb. 336

OMAHA COUNTRY CLUB, a corporation, Appellee, v. Marie A. DWORAK et al., Appellants, Impleaded with Nellie E. Low, Appellant.

Supreme Court of Nebraska.

January 29, 1971.

Attorney(s) appearing for the Case

Cassem, Tierney, Adams & Henatsch, Daniel J. Duffy, Abrahams, Kaslow & Cassman, Gross, Welch, Vinardi, Kauffman, Schatz & Day, Frost & Meyers, Omaha, for appellants.

John W. Delehant, Robert J. Huck, Omaha, for appellee.

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

BOSLAUGH, Justice.

This is an action for declaratory relief brought by the Omaha Country Club, a corporation. The defendants are the owners of land which was leased to the plaintiff by four separate leases executed in 1923. This action was brought to determine the rights of the parties under the leases.

Each lease is denominated "NINETY-NINE YEAR LEASE" and contains the following provisions:

"WITNESSETH: The lessors, in consideration of the rents herein...

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