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MONARCH CHEM. WORKS v. CITY OF OMAHA

No. 41963.

277 N.W.2d 423 (1979)

203 Neb. 33

MONARCH CHEMICAL WORKS, INC., a corporation, Appellee, v. CITY OF OMAHA, a Municipal Corporation, Appellant.

Supreme Court of Nebraska.

April 10, 1979.

Attorney(s) appearing for the Case

Herbert M. Fitle, City Atty., James E. Fellows, Deputy City Atty., Omaha, for appellant.

August P. Ross, of Ross & Mason, Omaha, for appellee.

Heard before KRIVOSHA, C. J., McCOWN, CLINTON, and HASTINGS, JJ., and L. W. KELLY, Jr., District Judge.

HASTINGS, Justice.

The defendant, City of Omaha, filed a condemnation proceeding in the county court of Douglas County seeking to condemn certain of plaintiff's property lying north of Woodland Road, east of 23rd Street, south of "J" Avenue, and west of 25th Street, all being within the general area designated as East Omaha. Plaintiff filed an action in the District Court seeking to enjoin this proceeding for the reasons that the property sought to be condemned was...

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