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BALOG v. STATE, DEPARTMENT OF ROADS

No. 35738.

131 N.W.2d 402 (1964)

177 Neb. 826

Joseph BALOG and Josephine Balog, Appellees, v. STATE of Nebraska, DEPARTMENT OF ROADS, Appellant.

Supreme Court of Nebraska.

November 20, 1964.

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., Warren D. Lichty, Jr., and James M. Winter, Sp., Asst. Attys. Gen., Lincoln, for appellant.

Davis, Thone, Bailey & Polsky, Lincoln, for appellees.

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

BOSLAUGH, Justice.

This is a proceeding in eminent domain. The plaintiffs, Joseph Balog and Josephine Balog, are lessees of a tract of land which is located adjacent to and north of the Cornhusker Highway north of Lincoln, Nebraska. In March and April of 1962, the plaintiffs constructed a building upon the leased land in which they operate a restaurant and tavern business.

On July 31, 1962, the State of Nebraska, the defendant in this proceeding, condemned...

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