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SHERDON v. DANN

No. 39650.

229 N.W.2d 531 (1975)

193 Neb. 768

Herbert SHERDON, Director Communications and Accounting Department, Nebraska Public Service Commission, Appellee, v. Jerry DANN et al., Appellants, Nebraska Lodging Association, Intervener-Appellee.

Supreme Court of Nebraska.

May 15, 1975.

Attorney(s) appearing for the Case

Einar Viren, Viren, Epstein & Leahy, Omaha, for appellants.

W. James Wochner, Clarence A. H. Meyer, Atty. Gen., C. C. Sheldon, Asst. Atty. Gen., Lincoln, for appellee.

Charles P. Huff, Lincoln, for intervener-appellee.

Bert L. Overcash, Woods, Aitken, Smith, Greer, Overcash & Spangler, Lincoln, for amicus curiae.

Heard before WHITE, C. J., BOSLAUGH, McCOWN, and NEWTON, JJ., and STUART, District Judge.

McCOWN, Justice.

This proceeding before the Nebraska Public Service Commission was instituted by an agent of the commission against the defendants, Jerry Dann and Willard Friedman, doing business as Ben Franklin Motel. The complaint alleged that the defendants were offering telephone service to the public for hire without having obtained a certificate of public convenience and necessity therefor, in violation of section...

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