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LYBARGER v. STATE, DEPARTMENT OF ROADS

No. 35467.

128 N.W.2d 132 (1964)

177 Neb. 35

Walter R. LYBARGER and Mabel H. Lybarger, husband and wife, Joint Tenants, Appellees, v. STATE of Nebraska, DEPARTMENT OF ROADS, Appellant.

Supreme Court of Nebraska.

May 8, 1964.

Attorney(s) appearing for the Case

Clarence A. H. Meyer, Atty. Gen., A. A. Christensen, Special Asst. Atty. Gen., Harold S. Salter, James F. Petersen, James J. Duggan, Lincoln, for appellant.

Wagener & Marx, Lincoln, for appellees.

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

BROWER, Justice.

This is an eminent domain proceeding which was instituted by the State of Nebraska, Department of Roads, as condemner, against the condemnees, Walter R. Lybarger and Mabel H. Lybarger.

The condemner appealed from the award of the board of appraisers to the district court for Lancaster County. In that court the Lybargers, as condemnees, were designated as plaintiffs and the condemner, State of Nebraska, Department of Roads, as defendant. The...

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