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  5. 194 N.W.2d 177 (1972)
 

BISHOFF v. PIEPER

No. 38047.

194 N.W.2d 177 (1972)

187 Neb. 783

Bernard F. BISHOFF, in Person and for All Persons Similarly Situated, Appellant, v. Herman PIEPER, as Mayor and a Member of the City Council of Harvard, Nebraska et al., Appellees.

Supreme Court of Nebraska.

February 4, 1972.

Attorney(s) appearing for the Case

Robert E. Paulick, Grand Island, for appellant.

John A. Bottorf, David J. Maser, Sutton, for appellees.

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

NEWTON, Justice.

This is an action instituted by a resident taxpayer of the city of Harvard, Nebraska, against the city, the mayor, members of the city council, and the trustees of the William A. Farmer estate. Its purpose is to recover for the city and the trust the funds expended in paving a street or road on the eastern boundary of Harvard. Judgment was entered for defendants. We affirm the judgment of the district court.

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