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CITY OF O'NEILL v. CONSUMERS PUBLIC POWER DISTRICT

No. 36090.

143 N.W.2d 741 (1966)

180 Neb. 463

CITY OF O'NEILL, Nebraska, a Municipal Corporation and Dale Fetrow, Appellants, v. CONSUMERS PUBLIC POWER DISTRICT, a Public Corporation and Political Subdivision of the State of Nebraska et al., Appellees, Loup River Public Power District, Columbus, Nebraska, Intervener-Appellant.

Supreme Court of Nebraska.

July 1, 1966.

Attorney(s) appearing for the Case

Norman Gonderinger, O'Neill, for appellants.

J. D. Cronin, O'Neill, Wilson, Barlow, Neff & Watson, Lincoln, Robert G. Simmons, Lincoln, for appellees.

Crosby, Pansing, Guenzel & Binning, Lincoln, amicus curiæ.

Lyle Winkle, Columbus, Schmid, Ford, Snow, Green & Mooney, Omaha, for intervener-appellant.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, BROWER, SMITH, and McCOWN, JJ.

McCOWN, Justice.

The original opinion in this cause is found at 179 Neb. 773, 140 N.W.2d 644. Motion for rehearing was granted. After reargument and upon reconsideration, the court adheres to its original opinion.

Original opinion adhered to.

WHITE, Chief Justice, and CARTER and SPENCER, Justices (dissenting).

We respectfully dissent from the adherence to the former opinion...

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