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RITUMS v. HOWELL

No. 38899.

209 N.W.2d 160 (1973)

190 Neb. 503

John RITUMS, Appellant, v. Sam HOWELL, Douglas County Treasurer, and as Ex Officio Treasurer of the Transit Authority of the City of Omaha and Nebraska State Railway Commission, Appellees.

Supreme Court of Nebraska.

July 13, 1973.

Attorney(s) appearing for the Case

Howard A. Kaiman, James E. McShane, Omaha, for appellant.

Herbert M. Fitle, City Atty., Omaha, for Howell.

John E. Finnigan, Lincoln, Neb., for Nebraska State Railway Commission.

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

WHITE, Chief Justice.

This is an injunction action in which the plaintiff, as a representative of the property taxpayers of the City of Omaha, Nebraska, seeks to prevent the defendant, as treasurer of Douglas County, from collecting a tax to support the operation of Omaha's municipal transit system. It is the plaintiff's contention that the state statute authorizing the creation of a transit authority to operate the public transportation facilities in Omaha is unconstitutional...

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