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COLE INV. CO. v. CITY OF LINCOLN

No. 81-734.

329 N.W.2d 356 (1983)

213 Neb. 422

COLE INVESTMENT COMPANY, a Nebraska corporation, et al., Appellants, v. CITY OF LINCOLN, Nebraska, a municipal corporation, Appellee.

Supreme Court of Nebraska.

January 28, 1983.

Attorney(s) appearing for the Case

Woods, Aitken, Smith, Greer, Overcash & Spangler, Lincoln, for appellants.

William F. Austin, City Atty., and Ernest R. Peo III, Lincoln, for appellee.

KRIVOSHA, C.J., and BOSLAUGH, McCOWN, CLINTON, WHITE, HASTINGS, and CAPORALE, JJ.

BOSLAUGH, Justice.

The plaintiffs appeal from an order of the District Court sustaining the motion of the defendant city to dismiss the plaintiffs' third amended petition.

On May 27, 1980, the plaintiffs filed their "claim" against the city, arising out of the construction of storm sewers in an industrial park pursuant to an executive order of the city authorizing the private construction of the sewers. The claim was denied by the director of finance in a...

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