HAYES v. SANITARY & IMPROVEMENT DIST. NO. 194

No. 40481.

244 N.W.2d 505 (1976)

196 Neb. 653

Richard HAYES and City of Omaha, a Municipal Corporation, Appellees, v. SANITARY AND IMPROVEMENT DISTRICT NO. 194 OF DOUGLAS COUNTY, Nebraska, et al., Appellees, Impleaded with Daim, Kalman & Quail, Inc., a Corporation and Dain, Kalman & Quail Municipal-Nebraska, Inc., a Nebraska Corporation, Appellants, Raymond F. Backman, Intervenor-Appellee.

Supreme Court of Nebraska.

August 4, 1976.


Attorney(s) appearing for the Case

Warren S. Zweiback, Roy G. Breeling, Zweiback & Laughlin, Omaha, for appellants.

August Ross, Daniel Dolan, Lathrop, Albracht & Dolan, Omaha, for Richard Hayes.

Kent Whinnery, Omaha, for City of Omaha.

John A. Rickerson, of Rickerson & Welch, John W. Delehant, of Delehant, Croker & Huck, Omaha, for amicus curiae.

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


McCOWN, Justice:

This is a suit to recover money alleged to have been wrongfully paid an underwriter of warrants and bonds of a sanitary and improvement district. The District Court entered judgment against the defendants Dain, Kalman & Quail, Inc., and Dain, Kalman & Quail Municipal-Nebraska, Inc., in the sum of $114,389.61, and this appeal followed.

On December 29, 1967, Sanitary and Improvement District No. 194 of Douglas County, Nebraska, was duly...

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