CHICAGO & N.W. RY. CO. v. CITY OF OMAHA

No. 33229.

57 N.W.2d 753 (1953)

156 Neb. 705

CHICAGO & N. W. RY. CO. v. CITY OF OMAHA et al.

Supreme Court of Nebraska.

March 27, 1953.


Attorney(s) appearing for the Case

Edward F. Fogarty, Herbert M. Fitle, James M. Paxson and Bernard E. Vinardi, Omaha, for appellants.

Neely, Otis & Cockle, Omaha, Nelson Trottman, Chicago, Ill., of counsel, for appellee.

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


MESSMORE, Justice.

This is a suit to enjoin the collection of a special assessment levied by the City of Omaha upon the real estate of the Chicago & North Western Railway Company, a corporation, consisting of a railroad right-of-way in street Improvement District No. 4199, which was organized for the purpose of paving and installing curbs and gutters in Redman Avenue between Thirty-third Street and Thirty-sixth Street. The amount of the special assessment levied...

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