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APPEAL OF FRANCIS R. ORSHEK COMPANY

No. 35308.

119 N.W.2d 48 (1963)

174 Neb. 668

Appeal of FRANCIS R. ORSHEK COMPANY, etc. FRANCIS R. ORSHEK COMPANY, a Corporation, Appellee-Cross-Appellant, v. The STATE of Nebraska, John Hossack, Acting State Engineer, Department of Roads & Irrigation of the State of Nebraska, Ray C. Johnson, Auditor of Public Accounts of the State of Nebraska and Frank Marsh, Secretary of the State of Nebraska, Appellants-Cross-Appellees.

Supreme Court of Nebraska.

January 11, 1963.

Attorney(s) appearing for the Case

Clarence A. H. Meyer, Atty. Gen., Harold S. Salter, Asst. Atty. Gen., Carl Klekers, Special Asst. Atty. Gen., Lincoln, for appellants.

Sidner, Lee, Gunderson & Svoboda, Fremont, for appellees.

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

MESSMORE, Justice.

The Francis R. Orshek Company, a corporation, filed a claim with the Department of Roads of the State of Nebraska dated November 15, 1960. This claim was disallowed by the Auditor of Public Accounts and the Secretary of State of the State of Nebraska on November 28, 1960. Thereafter the Francis R. Orshek Company prosecuted an appeal to the district court for Lancaster County, as the plaintiff and appellant, and the State of Nebraska, Department...

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