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WHITEHEAD OIL CO. v. CITY OF LINCOLN

No. S-92-422.

515 N.W.2d 390 (1994)

245 Neb. 660

WHITEHEAD OIL COMPANY, a Corporation, Appellee, v. CITY OF LINCOLN, Nebraska, a Municipal Corporation, Appellant.

Supreme Court of Nebraska.

April 22, 1994.

Attorney(s) appearing for the Case

William F. Austin, Lincoln City Atty., for appellant.

William G. Blake, of Pierson, Fitchett, Hunzeker, Blake & Loftis, Lincoln, for appellee.

BOSLAUGH, CAPORALE, FAHRNBRUCH, and LANPHIER, JJ., GRANT, J., Retired, RIST, District Judge, and RONIN, District Judge, Retired.

CAPORALE, Justice.

I. STATEMENT OF CASE

This is the second appearance of this matter in this court, which arises out of the refusal of the defendant and present appellant, City of Lincoln, to issue a permit entitling the plaintiff and present appellee, Whitehead Oil Company, to use its property in a particular way. In the first appearance, we, in Whitehead Oil Co. v. City of Lincoln, 234...

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