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GRACELAND PARK CEMETERY COMPANY v. CITY OF OMAHA

No. 35172.

114 N.W.2d 29 (1962)

173 Neb. 608

GRACELAND PARK CEMETERY COMPANY, a Corporation, Appellee, v. CITY OF OMAHA, a Municipal Corporation, Appellant.

Supreme Court of Nebraska.

March 30, 1962.

Attorney(s) appearing for the Case

Herbert M. Fitle, Bernard E. Vinardi, Irving B. Epstein, Frederick A. Brown, Edward M. Stein, Steven J. Lustgarten, Sebastian J. Todero, Omaha, for appellant.

Wells, Martin, Lane, Baird & Pedersen, Omaha, for appellee.

Heard before CARTER, MESSMORE, YEAGER, SPENCER, BOSLAUGH and BROWER, JJ.

CARTER, Justice.

This is an appeal by the City of Omaha from a judgment awarding damages to the Graceland Park Cemetery Company for a taking and damaging of its property in a condemnation proceeding under the power of eminent domain.

The plaintiff is a private corporation owning and operating a cemetery in Omaha. It issued 367 shares of stock of which Duane Beavers, the treasurer of the company and the superintendent of the cemetery, is the owner of 254 shares...

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