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WHITEHEAD OIL CO. v. CITY OF LINCOLN

No. S-92-423.

515 N.W.2d 401 (1994)

245 Neb. 680

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

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 third appearance in this court of this longrunning controversy between Whitehead Oil Company, the plaintiff-appellee in this action, and the City of Lincoln, the defendant-appellant herein. In Whitehead Oil Co. v. City of Lincoln, 234 Neb. 527, 451 N.W.2d 702 (1990) (Whitehead Oil I), we held that the district court had...

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