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TRACY v. CITY OF DESHLER

No. S-95-1360.

568 N.W.2d 903 (1997)

253 Neb. 170

Lloyd I. TRACY, Jr., doing business as Tracy Enterprises, Appellant, v. CITY OF DESHLER, Nebraska, a municipal corporation, Appellee.

Supreme Court of Nebraska.

October 3, 1997.

Attorney(s) appearing for the Case

Earl D. Ahlschwede, of Mayer, Burns & Alschwede, Grand Island, for appellant.

Joseph H. Murray, Hebron, and Gregory C. Damman, Seward, for appellee.

WHITE, C.J., and CAPORALE, WRIGHT, CONNOLLY, GERRARD, and McCORMACK, JJ.

GERRARD, Justice.

Lloyd I. Tracy, Jr., brought this action, seeking compensation for the alleged unconstitutional "taking" of his garbage collection business by the City of Deshler (City) as a result of a contract entered into by the City with Tracy's competitor for the collection of garbage in Deshler. The district court granted the City's motion for summary judgment and denied Tracy's motion for partial summary judgment. Because we determine that Tracy was engaged...

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