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COLBURN v. CITY OF VALENTINE

No. 36839.

160 N.W.2d 203 (1968)

183 Neb. 391

Frank L. COLBURN and Harriett E. Colburn, Appellees, v. CITY OF VALENTINE, a Municipal Corporation, Appellant.

Supreme Court of Nebraska.

July 12, 1968.

Attorney(s) appearing for the Case

Edward E. Hannon, O'Neill, for appellant.

McFadden, Kirby & Swoboda, Norfolk, for appellees.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, SMITH, McCOWN and NEWTON, JJ.

BOSLAUGH, Justice.

This is an action for damages brought by Frank L. Colburn and Harriett E. Colburn against the City of Valentine, Nebraska. A jury was waived and the action tried to the court. The trial court found for the plaintiffs, and the defendant has appealed.

The defendant operates a dump on the north half of the southwest quarter of Section 29. The plaintiffs are the owners of the west half of the southeast...

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