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STATE v. MAHLOCH

No. 35130.

116 N.W.2d 305 (1962)

174 Neb. 190

The STATE of Nebraska, DEPARTMENT OF ROADS, Appellee, v. Harvey MAHLOCH and Alice Mahloch, husband and wife, Appellants, Impleaded with Claus Schrum, Appellee.

Supreme Court of Nebraska.

July 13, 1962.

Attorney(s) appearing for the Case

Eisenstatt & Lay, Omaha, for appellants.

A. A. Christensen, Clarence A. H. Meyer, Atty. Gen., Harold S. Salter, Asst. Atty. Gen., Lincoln, for appellee.

Heard before SIMMONS, C.J., and CARTER, MESSMORE, YEAGER, SPENCER, BOSLAUGH, and BROWER, JJ.

BROWER, Justice.

This was a condemnation action brought by the condemner State of Nebraska, Department of Roads, to condemn certain lands to be used as a right-of-way for the interstate highway. The action was brought against the condemnees Harvey Mahloch, the owner thereof, and Alice Mahloch, his wife, who was joined because of her marital interest only, and Claus Schrum who had a mortgage thereon. The mortgagee has been...

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