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FRANK v. RUSSELL

Nos. 33702, 33705.

70 N.W.2d 306 (1955)

160 Neb. 354

Owen A. FRANK and Dorothy H. Frank, Appellants, v. Wray Mack RUSSELL and Marjorie Glandon Russell, Appellees. In re Appeal of Owen A. FRANK et al. Owen A. FRANK and Dorothy H. Frank, Appellants, v. BOARD OF ADJUSTMENTS OF the CITY OF SCOTTSBLUFF, Nebraska, Appellee.

Supreme Court of Nebraska.

May 6, 1955.

Attorney(s) appearing for the Case

Mothersead, Wright & Simmons, Scottsbluff, for appellants.

Russell E. Lovell, Jack E. Lyman, Scottsbluff, for appellees.

Heard before CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE and BOSLAUGH, JJ.

YEAGER, Justice.

Here are two actions which were tried together but not consolidated. One is by Owen A. Frank and Dorothy H. Frank, plaintiffs and appellants, against Wray Mack Russell and Marjorie Glandon Russell, defendants and appellees. The action is one for the purpose of enjoining erection of a residential building on Lot 6 and the south half of Lot 5, Block 7, Bungalow Addition to the City of Scottsbluff, Nebraska, with its east end or side less than 40 feet...

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