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CITY OF KEARNEY v. JOHNSON

No. 84-727.

385 N.W.2d 427 (1986)

222 Neb. 541

CITY OF KEARNEY, Nebraska, a Municipal Corporation, Appellant, v. Anna L. JOHNSON et al., Appellees.

Supreme Court of Nebraska.

April 25, 1986.

Attorney(s) appearing for the Case

Michael E. Kelley, Kearney City Atty., Kearney, for appellant.

Kenneth C. Fritzler of Ross, Schroeder & Fritzler, Kearney, for appellee Anna L. Johnson.

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

GRANT, Justice.

The City of Kearney commenced this action in the district court for Buffalo County, Nebraska, to foreclose a lien for delinquent special assessments which had been levied by the city against property owned by the appellee Anna L. Johnson. Johnson filed a demurrer claiming that the same land and the same paving district, No. 395, were the subject of a previous suit (case No. 7203) and that the city had filed a "dismissal with prejudice" as to that cause...

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