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IN RE STATE FIRE MARSHAL

No. 35377.

120 N.W.2d 549 (1963)

175 Neb. 66

In the Matter of the Condemnation by the STATE FIRE MARSHAL, etc. FIRST INVESTMENT COMPANY et al., Appellant, v. STATE FIRE MARSHAL of the State of Nebraska, Appellee, Ethel S. Lowe and Stephen G. Lowe, Interveners-Appellees.

Supreme Court of Nebraska.

March 15, 1963.

Attorney(s) appearing for the Case

Mitchell, Taylor & Beatty, Kearney, for appellant.

Robert A. Munro, Ward W. Minor, Kearney, for appellees.

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

SPENCER, Justice.

This is a condemnation action brought by the State Fire Marshal against the First Investment Company to condemn a portion of a building in the city of Kearney, Nebraska. The trial court entered judgment that the First Investment Company either repair or demolish its portion of the building, and if it demolishes it, that it be required to pay one-half the cost of erecting a tile wall from the first floor ceiling to the roof. First Investment Company...

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