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APPLICATION OF CITY OF LINCOLN

No. 35219.

120 N.W.2d 297 (1963)

174 Neb. 837

Application of the CITY OF LINCOLN, Nebraska, etc. Rollie JOHNSON and Betty Johnson, Appellees, v. CITY OF LINCOLN, Nebraska, Appellant.

Supreme Court of Nebraska.

March 1, 1963.

Attorney(s) appearing for the Case

Ralph D. Nelson, City Atty., Henry L. Holst, Hal Hasselbalch, Lincoln, for appellant.

John McArthur, Lincoln, for appellees.

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

MESSMORE, Justice.

The City of Lincoln, a municipal corporation, located in Lancaster County, brought a proceeding before the county judge of said county to acquire a temporary and permanent easement for sanitary sewer purposes. The petition of the City in the county court alleged that Rollie Johnson and Betty Johnson, his wife, purportedly had some interest in the property described in the petition, the true nature of which was unknown to the applicant. In the prayer...

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