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LANPHIER v. OMAHA PUBLIC POWER DIST.

No. 86-022.

417 N.W.2d 17 (1987)

227 Neb. 241

Laurence A. LANPHIER, Jr., Appellant, v. OMAHA PUBLIC POWER DISTRICT, A Public Corporation, and City of Omaha, A Municipal Corporation, Appellees.

Supreme Court of Nebraska.

December 24, 1987.

Attorney(s) appearing for the Case

David J. Lanphier and Robert M. Gonderinger of McGill, Koley, Parsonage & Lanphier, P.C., Omaha, for appellant.

Stephen G. Olson and Mary Kay Pryor of Fraser, Stryker, Veach, Vaughn, Meusey, Olson, Boyer & Bloch, P.C., Omaha, for appellee Omaha Public Power Dist.

HASTINGS, C.J., BOSLAUGH, WHITE, CAPORALE, SHANAHAN, and GRANT, JJ., and COLWELL, District Judge, Retired.

GRANT, Justice.

Plaintiff, a resident and taxpayer of the City of Omaha, filed this action "for himself and on behalf of all other persons similarly situated ... and for the benefit of the City" as a class action, against defendants, City of Omaha and Omaha Public Power District. The petition sought an injunction, an accounting, and the return of moneys paid by the city to the district for streetlighting services rendered...

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