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GALLAGHER v. CITY OF OMAHA

No. 38485.

204 N.W.2d 157 (1973)

189 Neb. 598

Rachel K. GALLAGHER et al., Appellees, v. CITY OF OMAHA, a municipal corporation, Board of Regents of the University of Nebraska, Appellants, Impleaded with H. F. Jacobberger et al., Appellees.

Supreme Court of Nebraska.

February 9, 1973.

Attorney(s) appearing for the Case

Herbert M. Fitle, City Atty., Omaha, Kent N. Whinnery, Omaha, for City of Omaha.

Cline, Williams, Wright, Johnson & Oldfather, Lincoln, for Board of Regents.

J. A. C. Kennedy, Jr. of Kennedy, Holland, DeLacy & Svoboda, Ephraim L. Marks of Marks, Clare, Hopkins, Rauth & Garber, Omaha, for appellees.

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

CLINTON, Justice.

The following statement of the nature of this case is taken from the brief of one of the appellants, and to which no exception is taken by the other parties and is adopted for purposes of this opinion.

"This was an action for declaratory and injunctive relief instituted by the plaintiffs, individually and on behalf of all citizens and taxpayers of the City of Omaha, on February 25, 1971, against the City of Omaha, the members of the Omaha...

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