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SPENCER v. VILLAGE OF WALLACE

No. 32868.

45 N.W.2d 473 (1951)

153 Neb. 536

SPENCER et al. v. VILLAGE OF WALLACE et al.

Supreme Court of Nebraska.

January 5, 1951.

Attorney(s) appearing for the Case

Beatty, Clarke, Murphy & Morgan, North Platte, for appellants.

Crosby & Crosby, North Platte, for appellees.

Before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE, and BOSLAUGH, JJ.

BOSLAUGH, Justice.

Appellants sought an injunction to prevent appellees from attempting to appropriate, by condemnation for airport purposes, land of appellants as authorized by the provisions of an ordinance of the Village of Wallace, Nebraska.

The district court denied appellants relief and dismissed the case. This is an appeal from the judgment of dismissal.

The facts are stipulated. Appellants are the owners and in possession of the Southwest Quarter...

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