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EVANS v. METROPOLITAN UTILITIES DISTRICT OF OMAHA

No. 37767.

188 N.W.2d 851 (1971)

187 Neb. 261

Mervin D. EVANS, Appellee, v. METROPOLITAN UTILITIES DISTRICT OF OMAHA, Nebraska, et al., Appellees, Impleaded with City of Omaha et al., Appellants.

Supreme Court of Nebraska.

July 23, 1971.

Attorney(s) appearing for the Case

Herbert M. Fitle, City Atty., Schmid, Ford, Snow & Mooney, Omaha, for appellants.

Foulks, Wall & Wintroub, Omaha, for appellee Evans.

Cecil S. Brubaker, W. L. Strong, Merlin E. Remmenga, Omaha, for appellee Metropolitan Utilities Dist.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, SMITH, McCOWN,NEWTON and CLINTON, JJ.

SPENCER, Justice.

This appeal is from the sustaining of the motion of Metropolitan Utilities District of Omaha, hereinafter referred to as MUD, for summary judgment determining LB 425 (Laws 1967, c. 47, p. 178), to be invalid and unconstitutional. The original action was brought by plaintiff Evans as a ratepayer of MUD for a declaratory judgment of the constitutionality of LB 425, which bill amended section 14-1041, R.R...

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