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STATE, DEPARTMENT OF ROADS v. DILLON

No. 35263.

122 N.W.2d 223 (1963)

175 Neb. 444

The STATE of Nebraska, DEPARTMENT OF ROADS, Appellant, v. Eva I. DILLON, a widow, Appellee, William Dillon and Margaret Dillon, husband and wife, Tenants, Appellees.

Supreme Court of Nebraska.

June 21, 1963.

Attorney(s) appearing for the Case

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

Orville Entenman, Papillion, for appellees.

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

WHITE, Chief Justice.

This is an interstate highway condemnation action initiated by the State of Nebraska, Department of Roads, against the condemnee owner, Eva I. Dillon, wherein the State appropriated a portion of the condemnee's land running diagonally across her 540-acre farm. Our original opinion herein, reversing the judgment and remanding the cause for retrial in the district court on the grounds of excessiveness of the verdict, is found in

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