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CITY OF SCOTTSBLUFF v. WINTERS CREEK CANAL CO.

No. 33154.

53 N.W.2d 543 (1952)

155 Neb. 723

CITY OF SCOTTSBLUFF v. WINTERS CREEK CANAL CO. et al.

Supreme Court of Nebraska.

May 16, 1952.

Attorney(s) appearing for the Case

Jack Lyman and Neighbors & Danielson, Scottsbluff, for appellant.

Mothersead, Wright & Simmons, Scottsbluff, for appellees.

Heard before CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE, and BOSLAUGH, JJ.

CHAPPELL, Justice.

Plaintiff, a city of the first class, brought this action against defendants, Winters Creek Canal Company, a Nebraska irrigation corporation, and its directors, to obtain a mandatory injunction requiring them to comply with the provisions of a city ordinance. Concededly defendants had not complied therewith, and they defended upon the ground that the ordinance was arbitrary, unreasonable, and confiscatory. Thus as an attempted exercise of police...

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