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VRANA PAVING CO. v. CITY OF OMAHA

No. 83-694.

369 N.W.2d 613 (1985)

220 Neb. 269

VRANA PAVING COMPANY, a Corporation, Appellee, v. CITY OF OMAHA, Nebraska, Appellant.

Supreme Court of Nebraska.

June 28, 1985.

Attorney(s) appearing for the Case

Herbert M. Fitle, Omaha City Atty., and Robert J. Hamer, Omaha, for appellant.

Frederick S. Cassman of Abrahams, Kaslow & Cassman, Omaha, for appellee.

KRIVOSHA, C.J., and BOSLAUGH, WHITE, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ.

PER CURIAM.

The appellee, Vrana Paving Company, instituted this action in the district court for Douglas County, Nebraska, pursuant to the provisions of the Nebraska Uniform Declaratory Judgments Act, Neb.Rev.Stat. §§ 25-21,149 et seq. (Reissue 1979). By its petition Vrana sought a declaration that chapter 55 of the Omaha Municipal Code was unconstitutional and void if applied to prohibit it from operating a portable concrete mixing plant used in its street...

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