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BURNETT v. CENTRAL NEBRASKA PUBLIC POWER & IRR. DIST.

No. 12006.

125 F.2d 836 (1942)

BURNETT et ux. v. CENTRAL NEBRASKA PUBLIC POWER & IRRIGATION DIST.

Circuit Court of Appeals, Eighth Circuit.

February 19, 1942.

Attorney(s) appearing for the Case

William H. Wright, of Omaha, Neb. (F. A. Wright, of Omaha, Neb., and G. J. McGinley, of Ogallala, Neb., on the brief), for appellants.

M. M. Maupin, of Ogallala, Neb. (R. O. Canaday and P. E. Boslaugh, both of Hastings, Neb., and R. H. Beatty, of North Platte, Neb., on the brief), for appellee.

Before STONE, WOODROUGH, and JOHNSEN, Circuit Judges.

JOHNSEN, Circuit Judge.

In a proceeding under 41 Stat. 1074, 16 U.S.C.A. § 814, to condemn lands for a reservoir site along the Platte River in Nebraska, the appraisers awarded appellants damages of $62,903, but, on an appeal by both parties to the District Court, the jury returned a verdict for only $53,326.75, and appellants have appealed to this Court from the judgment entered on the verdict.

The only question before us is whether the verdict as a...

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