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RUMBEL v. RESS

No. 34351.

92 N.W.2d 904 (1958)

167 Neb. 359

Manly RUMBEL and Lucinda Rumbel, Appellees-Cross-Appellants, v. L. N. RESS, State Engineer of the State of Nebraska, Appellee, Vaughn A. Hall, Appellant-Cross-Appellee, Safeway Stores, Inc., Intervener, Appellee-Cross-Appellant.

Supreme Court of Nebraska.

November 21, 1958.

Attorney(s) appearing for the Case

Joseph T. Votava, McCormack & McCormack, Omaha, for appellant.

Frost, Meyers & Farnham, Charles W. Peasinger, Omaha, for Rumbel.

C. S. Beck, Atty. Gen., Harold S. Salter, Asst. Atty. Gen., for Ress.

Kennedy, Holland, DeLacy & Svoboda, Thomas R. Burke, Omaha, for Safeway Stores, Inc.

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

MESSMORE, Justice.

On motion for rehearing our attention has been directed to that part of the opinion wherein this court directed the trial court to dismiss plaintiffs' cause of action. We conclude that that part of the opinion should be eliminated and the following substituted in place thereof: The trial court is directed by proper order to make the State of Nebraska a party to this cause as prescribed by law. See, Section 25-323, R.R.S. 1943; Cunningham v. Brewer...

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