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FIRST DATA RESOURCES, INC. v. HOWELL

No. S-90-252.

494 N.W.2d 542 (1993)

242 Neb. 248

FIRST DATA RESOURCES, INC., Appellant, v. Sam J. HOWELL, Douglas County Treasurer, et al., Appellees.

Supreme Court of Nebraska.

January 22, 1993.

Attorney(s) appearing for the Case

Howard N. Kaplan and Robert L. Lepp, of McGill, Parsonage & Lanphier, P.C., Omaha, for appellant.

Ronald L. Staskiewicz, Douglas County Atty., John E. Huber, Paul F. Peters, and Jo A. Cavel, Omaha, for appellees Howell et al.

William Jay Riley, of Fitzgerald, Schorr, Barmettler & Brennan, Omaha, for appellee Metropolitan Technical Community College.

Michael Kelley, of Kelley, Kelley & Lehan, P.C., Omaha, for appellee Metro Area Transit Authority.

Kelley Baker, of Harding & Ogborn, Lincoln, for appellee Douglas County School Dist. No. 54.

HASTINGS, C.J., BOSLAUGH, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ., and RONIN, District Judge, Retired.

BOSLAUGH, Justice.

This is an action by the plaintiff, First Data Resources Inc., under Neb.Rev.Stat. § 77-1735 (Reissue 1986) to recover taxes in the amount of $603,019.32 assessed and levied against its personal property in 1988. The petition, which was filed on August 24, 1989, alleged as follows:

16. On or about November 23, 1988, Plaintiff paid its first half personal property taxes, totalling $301,509...

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