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KIMBALL v. THOMPSON

Civil Action No. 292.

70 F.Supp. 803 (1947)

KIMBALL et ux. v. THOMPSON.

District Court, D. Nebraska, Omaha Division.

March 20, 1947.

Attorney(s) appearing for the Case

Boyle & Boyle, of Omaha, Neb., for plaintiffs.

Kennedy, Holland, DeLacy & Svoboda, of Omaha, Neb., for defendant.

DONOHOE, District Judge.

George Kimball and Marion Kimball, husband and wife, have brought this action against Guy A. Thompson, Trustee, Missouri Pacific Railroad Company, debtor, for damages from a nuisance created by the defendant. The action was commenced in the state court, and removed on the ground of diversity of citizenship. Pursuant to stipulation, the case was tried to the court sitting without a jury.

The court now makes the following special

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