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TIMMONS v. SCHOOL DISTRICT OF OMAHA

No. 35117.

114 N.W.2d 386 (1962)

173 Neb. 574

Glenn M. TIMMONS and John L. Bilby, Trustees, as Joint Tenants and not as Tenants in Common, Appellees, v. SCHOOL DISTRICT OF OMAHA, in the COUNTY OF DOUGLAS, in the State of Nebraska, Appellant. Consolidated in District Court with SCHOOL DISTRICT OF OMAHA, in the COUNTY OF DOUGLAS, in the State of Nebraska, Appellant, v. Glenn M. TIMMONS and John L. Bilby, Trustees, as Joint Tenants and not as Tenants in Common, Appellees.

Supreme Court of Nebraska.

March 30, 1962.

Attorney(s) appearing for the Case

Wm. Ross King, Omaha, for appellant.

Schmid, Snow & Ford, William E. Mooney, Jr., Omaha, for appellees.

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

SPENCER, Justice.

This is a condemnation action brought by the School District of Omaha, Douglas County, Nebraska, against Glenn M. Timmons and John L. Bilby, trustees. The appraisers made an award of $38,750. Both the condemner and the condemnees appealed. These appeals were consolidated for trial and appeal. By stipulation, the sole issue tried in the district court was the value of the real estate condemned on March 18, 1960. The jury returned a verdict of $52...

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