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COSENTINO v. CITY OF OMAHA

No. 37623.

183 N.W.2d 475 (1971)

186 Neb. 407

Dominic COSENTINO and Richard Brown, Appellants, v. CITY OF OMAHA, a Municipal Corporation et al., Appellees.

Supreme Court of Nebraska.

February 5, 1971.

Attorney(s) appearing for the Case

Foulks, Wall & Wintroub, Guinan & Kolenda, Omaha, for appellants.

Herbert M. Fitle, Monsky, Grodinsky, Cohen, Garfinkle & Zweiback, Kutak, Rock, Campbell & Peters, Fraser, Stryker, Marshall & Veach, Omaha, Crummy, Gibbons & O'Neill, Newark, N. J., for appellees.

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

SMITH, Justice.

Plaintiffs taxpayers attacked agreements concerning treatment of packinghouse waste in a facility financed by bonds of a private nonprofit corporation. Income to pay the bonds was to be received from the City of Omaha as lessee under a lease-purchase agreement. After trial the district court dismissed plaintiffs' petition. Plaintiffs appeal. They contend that the city (1) granted an invalid franchise, (2) unconstitutionally lent its credit to a private...

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