AK-SAR-BEN PIZZA HUT v. STATE OF NEBRASKA DEPARTMENT OF ROADS

No. 73-1028.

476 F.2d 1283 (1973)

AK-SAR-BEN PIZZA HUT, etc., et al., Appellants, v. STATE OF NEBRASKA DEPARTMENT OF ROADS, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided May 18, 1973.


Attorney(s) appearing for the Case

Royce N. Harper, Sp. Asst. Atty. Gen., Lincoln, Neb., for appellants.

D. Nick Caporale, Omaha, Neb., for appellees.

Before MATTHES, Chief Judge, and LAY and STEPHENSON, Circuit Judges.


ORDER

BY THE COURT.

Upon due consideration of the proceedings in the district court, the briefs of the parties and argument of counsel, the court is convinced that the district court lacked jurisdiction of the subject matter of this action in that there was not a substantial federal question involved and no other basis for federal jurisdiction. Accordingly, the judgment granting the temporary injunction is reversed and the cause is remanded with directions...

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