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REIMER v. K N ENERGY, INC.

No. 87-064.

430 N.W.2d 273 (1988)

230 Neb. 74

Henry F. REIMER et al., Appellants, v. K N ENERGY, INC., a Nebraska Corporation, Appellee.

Supreme Court of Nebraska.

October 7, 1988.

Attorney(s) appearing for the Case

Robert I. Eberly, Lincoln, for appellants.

William M. Connolly and James D. Conway, of Conway, Connolly & Pauley, P.C., Hastings, James W. Symonds of Cronin, Symonds & Heitz, O'Neill and B.J. Becker, Hastings, for appellee.

HASTINGS, C.J., CAPORALE, and GRANT, JJ., and MORAN and BROWER, District Judges.

CAPORALE, Justice.

Plaintiff-appellant, Henry F. Reimer, on his own behalf and purportedly on behalf of all others similarly situated, seeks a declaration that a certain monthly "customer charge" imposed by defendant-appellee and counterclaimant, K N Energy, Inc., a Nebraska corporation, is confiscatory and thus uncollectible; seeks to enjoin future collection of the charge; and seeks to recover such payments of the charge as may have been made in the past by members...

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