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CATHER & SONS CONST. v. CITY OF LINCOLN

No. 41263.

264 N.W.2d 413 (1978)

200 Neb. 510

CATHER & SONS CONSTRUCTION, INC., Appellant, v. The CITY OF LINCOLN, Nebraska, Appellee, and Goodyear Tire & Rubber Company, Intervenor-Appellee.

Supreme Court of Nebraska.

April 5, 1978.

Attorney(s) appearing for the Case

Edward F. Carter, Jr., of Barney & Carter, P. C., Lincoln, for appellant.

Charles D. Humble, City Atty., William F. Austin, Chief Asst. City Atty., Lincoln, brief of The City of Lincoln, Nebraska.

J. Taylor Greer, of Woods, Aitken, Smith, Greer, Overcash & Spangler, Lincoln, for appellee the Goodyear Tire & Rubber Co.

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

BRODKEY, Justice.

This action involves a dispute arising out of the vacation of portions of streets and an alley by the City of Lincoln, defendant and appellee herein, and the sale of the vacated property by the City to The Goodyear Tire & Rubber Company ("Goodyear"), intervener and appellee herein. The plaintiff and appellant, Cather & Sons Construction, Inc. ("Cather"), objected to the vacation and sale at a public hearing before the city council of Lincoln...

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