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GUNIA v. MORTON

No. 35341.

120 N.W.2d 371 (1963)

175 Neb. 53

John J. GUNIA and Irene R. Gunia, Appellants, v. Charles H. MORTON, Appellee.

Supreme Court of Nebraska.

March 15, 1963.

Attorney(s) appearing for the Case

Gross, Welch, Vinardi, Kauffman, Schatz & MacKenzie, Omaha, for appellants.

Swarr, May, Royce, Smith, Andersen & Ross, Omaha, for appellee.

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

BOSLAUGH, Justice.

The plaintiffs, John J. Gunia and Irene R. Gunia, brought this action to compel the defendant, Charles H. Morton, to remove dirt and debris from the plaintiffs' land and to construct a retaining wall to protect the plaintiffs' land from further encroachment.

The petition alleged that the defendant owned Lots 1 and 2 in Block 3, Club Terrace Addition to the city of Omaha, Nebraska; that the plaintiffs owned Lot 3 and a part of Lot 4 in Block...

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