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WAGNER v. STATE, DEPARTMENT OF ROADS

No. 35529.

126 N.W.2d 853 (1964)

176 Neb. 589

J. W. WAGNER, first and real name unknown and Elizabeth Wagner, husband and wife, Joint Tenants, Standolind Oil & Gas Company, a Corporation Holder of Interest, Appellants, v. STATE of Nebraska, DEPARTMENT OF ROADS, Appellee.

Supreme Court of Nebraska.

March 13, 1964.

Attorney(s) appearing for the Case

Bosley & Bosley Palisade, for appellants.

Clarence A. H. Meyer, Atty. Gen., A. A. Christensen, Sp. Asst. Atty. Gen., Harold S. Salter, Warren D. Lichty, Jr., W. L. Strong, Sp. Asst. Atty. Gen., Lincoln, for appellee.

Heard before WHITE C. J., CARTER, MESSMORE, SPENCER, BOSLAUGH and BROWER, JJ., and LYNCH, District Judge.

LYNCH, District Judge.

This is a condemnation action. The condemnees, J. W. Wagner and Elizabeth Wagner, shall herein be referred to as the plaintiffs, and the condemner, State of Nebraska, Department of Roads, as the defendant.

The action was brought on June 7, 1962, in the county court of Hitchcock County, Nebraska. On February 5, 1963, the case was tried on appeal in the district court, during which trial the...

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