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HAMMER v. DEPARTMENT OF ROADS

No. 35406.

120 N.W.2d 909 (1963)

175 Neb. 178

John K. HAMMER, Francis L. Richards and Richard A. Dier, Appellants, v. DEPARTMENT OF ROADS, State of Nebraska, and the City of Kearney, Nebraska, a Municipal Corporation, Appellees.

Supreme Court of Nebraska.

April 5, 1963.

Attorney(s) appearing for the Case

Richard A. Dier, William J. Ross, Tye, Worlock & Knapp, Kearney, for appellants.

Clarence A. H. Meyer, Atty. Gen., Harold S. Salter, Asst. Atty. Gen., Lincoln, Ward W. Minor, Kearney, William J. Orester, Special Asst. Atty. Gen., Lincoln, for appellees.

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

SPENCER, Justice.

This is an action brought by John K. Hammer, Francis L. Richards, and Richard A. Dier, appellants, hereinafter referred to as plaintiffs, to enjoin the Department of Roads, State of Nebraska, and the City of Kearney, from denying them access to a portion of a controlled access highway being built by the State in the City of Kearney. Plaintiffs perfected an appeal to this court from the denial of relief.

The Department of Roads, State of Nebraska...

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