Legal Opinion

City of Lincoln, Neb. v. WINDSTREAM NEBRASKA, INC.

District Court, D. Nebraska

Decided July 25, 2011No. 4:10CV3030PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

RICHARD G. KOPF, District Judge.

The plaintiff, City of Lincoln, Nebraska (“City”), commenced this action on January 13, 2010, in the District Court of Lancaster County, Nebraska, to collect occupation taxes from the defendant, Windstream Nebraska, Inc. (“Wind-stream”). The action was removed to this court on February 12, 2010, based on diversity jurisdiction. See 28 U.S.C. §§ 1332 and 1446(a). The City claims that Windstream and its predecessor, Alltel Nebraska, Inc., underreported their gross receipts and underpaid occupation taxes since January 1, 2001.

The parties have…

2Cases cited18 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Michael R. DANCY, Appellant, v. HYSTER COMPANY, AppelleeCourt of Appeals for the Eighth Circuit · 1997
  3. Deaudra Bell v. Conopco, Inc.Court of Appeals for the Eighth Circuit · 1999
  4. Omaha Parking Authority v. City of OmahaNebraska Supreme Court · 1956
  5. Lincoln Electric System v. Nebraska Public Service CommissionNebraska Supreme Court · 2003

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3Cited by2 opinions

  1. Wagner v. Ultima Homes, Inc. (In re Vaughan Co.)United States Bankruptcy Court, D. New Mexico · 2013
  2. City of Rochester v. Marcel A. Payeur, Inc. & a.Supreme Court of New Hampshire · 2016

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