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MIDTOWN PALACE, INC. v. CITY OF OMAHA

No. 39725.

229 N.W.2d 56 (1975)

193 Neb. 785

MIDTOWN PALACE, INC., a Nebraska Corporation, Appellant, v. CITY OF OMAHA, Nebraska, a Municipal Corporation, Appellee.

Supreme Court of Nebraska.

May 15, 1975.

Attorney(s) appearing for the Case

William G. Line, of Kerrigan, Line, Martin & Hanson, Fremont, for appellant.

Herbert M. Fitle, City Atty., Gary P. Bucchino, City Prosecutor, Omaha, for appellee.

Heard before SPENCER, BOSLAUGH and BRODKEY, JJ., and HASTINGS and CLARK, District Judges.

HASTINGS, District Judge.

By this action, plaintiff seeks a declaratory judgment that ordinance No. 18.04.070 of the City of Omaha has been rendered void by reason of the provisions of sections 28-926.11 to 28-926.33, R.S.Supp., 1974, and to enjoin the defendant City of Omaha from instituting any proceedings against the plaintiff under the provisions of that ordinance. The trial court found that plaintiff was not entitled to any relief and ordered

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