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GRUNTORAD v. HUGHES BROTHERS

No. 33764.

73 N.W.2d 700 (1955)

161 Neb. 358

Louis E. GRUNTORAD and Lillian Gruntorad, Appellants, v. HUGHES BROTHERS, Inc., a Corporation, et al., Appellees.

Supreme Court of Nebraska.

December 9, 1955.

Attorney(s) appearing for the Case

William L. Walker, Earl Ludlam, Lincoln, for appellants.

Harry L. Norval, Seward, Flansburg & Flansburg, Lincoln, Paul H. Bek, Seward, J. W. Weingarten, W. P. Loomis, Omaha, for appellees.

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

BOSLAUGH, Justice.

This is an action in equity brought by appellants to enjoin and to compel the removal and abatement of a nuisance created, as they allege, by appellees' erecting dams, dikes, and obstructions and excavating a diversion ditch in the flood plane of the Big Blue River and thereby diverting floodwaters from the river and Bayou Creek from their natural course of drainage upon and over the land of appellants...

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