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ELLIOTT v. CITY OF PLATTSMOUTH

No. 37773.

188 N.W.2d 684 (1971)

187 Neb. 165

Ernest ELLIOTT and Melvin Moritz, Appellants, v. CITY OF PLATTSMOUTH, Nebraska, a Municipal Corporation, et al., Appellees.

Supreme Court of Nebraska.

June 25, 1971.

Attorney(s) appearing for the Case

Burbridge & Burbridge, Omaha, Ronald D. Svoboda, Weeping Water, for appellants.

Francis Casey, Harold R. Lebens, Paul E. Fauquet, Herbert J. Elworth, Plattsmouth, for appellees.

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

McCOWN, Justice.

This was an action by the individual plaintiffs to enjoin the further operation of an airport authority of the City of Plattsmouth, and to declare the airport authority invalid and nonexistent. After trial, the district court dismissed the plaintiffs' petition and this appeal followed.

The Cities Airport Authorities Act formed the basis for the creation of the authority here. "Any city now or hereafter owning or operating an airport is hereby...

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