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KRIEGER v. SCHROEDER

No. 34285.

87 N.W.2d 367 (1957)

165 Neb. 657

John A. KRIEGER and Mary Krieger, Appellants, v. Robert SCHROEDER, Ralph R. Gerlach and Eugene Dunleavy, Appellees, Harold F. Smith and Forrest Pense, Appellees, Clarence M. Anderson and Vance A. Anderson, Interveners-Appellees.

Supreme Court of Nebraska.

December 20, 1957.

Attorney(s) appearing for the Case

John F. McCarthy, Grand Island, for appellants.

S. W. Moger, Clay Center, for John A. Schroeder.

Massie, Bottorf & Massie, Clay Center, for Harold F. Smith.

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

BOSLAUGH, Justice.

The relief sought by appellants was that the defendants and interveners in the district court be permanently enjoined from continuing and enlarging the condition which had diverted surface waters from their natural course of drainage to and upon the land of appellants causing them, as they alleged, frequent, recurring, and irreparable damage. The original defendants were Robert Schroeder, Ralph R. Gerlach...

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