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EVANS v. STATE, DEPARTMENT OF ROADS

No. 35534.

125 N.W.2d 541 (1963)

176 Neb. 156

Robert W. EVANS and Elizabeth E. Evans, Appellees. v. STATE of Nebraska, DEPARTMENT OF ROADS, Appellant.

Supreme Court of Nebraska.

December 27, 1963.

Attorney(s) appearing for the Case

Clarence A. H. Meyer, Atty. Gen., James J. Duggan, Sp. Asst. Atty. Gen., Harold S. Salter, Asst. Atty. Gen., A. A. Christensen, William J. Orester, Sp. Asst. Attys. Gen., Lincoln, for appellant.

DeWayne Wolf, Barlow Nye, Kearney, for appellees.

Heard before WHITE, C. J., CARTER, MESSMORE, SPENCER, BOSLAUGH and BROWER, JJ., and ZEILINGER, District Judge.

CARTER, Justice.

This is a condemnation proceeding. The property taken is 16 city lots and 1½ vacated streets in the city of Kearney, more particularly described in the petition. Each of the lots had a 50 foot frontage on Second Avenue and a depth of 150 feet to the west. The vacated streets were 80 feet in width. The lots and vacated streets adjoined and constituted one tract facing Second Avenue. The property was improved with a 1½-story house and some...

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