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DeCAMP v. CITY OF LINCOLN

No. 41901.

277 N.W.2d 83 (1979)

202 Neb. 727

John W. DeCAMP, Individually and on behalf of all other taxpayers similarly situated, Appellant, v. CITY OF LINCOLN, Nebraska, a Municipal Corporation, Appellee.

Supreme Court of Nebraska.

March 27, 1979.

Attorney(s) appearing for the Case

Herbert J. Friedman, Robert B. Creager, Lincoln, for appellant.

Charles D. Humble, City Atty., William G. Blake, Asst. City Atty., Lincoln, for appellee.

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

CLINTON, Justice.

This is an action begun in the District Court for Lancaster County by plaintiff, a taxpayer of the City of Lincoln and of School District No. 1, City of Lincoln, individually and on behalf of other taxpayers similarly situated. Plaintiff urges that the part of the City's ordinance, section 10.68.040, relating to court costs is in violation of Article VII, section 5, of the Constitution of Nebraska, and seeks an accounting of funds

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