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McGREE v. STANTON-PILGER DRAINAGE DISTRICT

No. 34168.

82 N.W.2d 798 (1957)

164 Neb. 552

Allen L. McGREE, Appellant, v. STANTON-PILGER DRAINAGE DISTRICT, a Public Corporation, Appellee.

Supreme Court of Nebraska.

May 3, 1957.

Attorney(s) appearing for the Case

Bernard Ptak, Norfolk, for appellant.

T. L. Grady, Stanton, for appellee.

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

CARTER, Justice.

The plaintiff brought this action against the Stanton-Pilger Drainage District for damages to his real estate caused by erosion of the banks of the Elkhorn River, and for other lands actually taken and not paid for by the district. The district filed a cross-petition asserting a mistake in the metes and bounds description of the right-of-way procured by condemnation proceedings and prayed that the description be corrected to conform to the lands actually...

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