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CHASE v. COUNTY OF DOUGLAS

No. 40407.

241 N.W.2d 334 (1976)

195 Neb. 838

James CHASE, Appellant, v. The COUNTY OF DOUGLAS, Nebraska, et al., Appellees.

Supreme Court of Nebraska.

April 21, 1976.

Attorney(s) appearing for the Case

August P. Ross, Bruce G. Mason, Omaha, for appellant.

D. Nick Caporale, Michael A. Nelsen, Schmid, Ford, Mooney, Frederick & Caporale, Omaha, for Omaha Chamber of Commerce.

Donald L. Knowles, County Atty., Roger R. Holthaus, Deputy County Atty., Omaha, for County of Douglas.

Herbert M. Fitle, City Atty., Verne W. Vance, Asst. City Atty., Omaha, for City of Omaha.

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

CLINTON, Justice.

This is a class action by a taxpayer of the City of Omaha, County of Douglas, which challenges the constitutionality of section 18-1401, R.R.S.1943, upon the ground that it violates Article XIII, section 3, of the Constitution of Nebraska, which in pertinent part provides: "The credit of the state shall never be given or loaned in aid of any individual, association, or corporation. . . ." After the plaintiff had filed an amended petition and the...

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