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KARPISEK v. CATHER & SONS CONSTRUCTION, INC.

No. 35245.

117 N.W.2d 322 (1962)

174 Neb. 234

Thomas R. KARPISEK and Clara A. Karpisek, Appellees, v. CATHER & SONS CONSTRUCTION, INC., et al., Appellants.

Supreme Court of Nebraska.

October 12, 1962.

Attorney(s) appearing for the Case

Charles W. Phillips, Lawrence E. Murphy, Lincoln, for appellants.

Davis, Thone, Bailey & Polsky, Lincoln, for appellees.

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

BROWER, Justice.

This is a suit in equity brought by the plaintiffs Thomas R. Karpisek and Clara A. Karpisek, who are husband and wife, against the defendants Cather & Sons Construction, Inc., and Robert H. Cather, Howard J. Cather, and Howard B. Cather, individually and jointly, in the district court for Lancaster County, to enjoin them from operating an asphalt plant, and for damages.

Plaintiffs' petition alleges they own two residential properties in...

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