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GABLE v. STATE, DEPARTMENT OF ROADS

No. 35574.

127 N.W.2d 475 (1964)

176 Neb. 789

Theodore J. GABLE and Lillian T. Gable, Appellants, Impleaded with Federal Land Bank, Mortgagee, Appellee, v. The STATE of Nebraska, DEPARTMENT OF ROADS, Appellee.

Supreme Court of Nebraska.

April 10, 1964.

Attorney(s) appearing for the Case

Wright, Simmons & Hancock, Scottsbluff, for appellants.

Clarence A. H. Meyer, Atty. Gen., Harold S. Salter, Asst. Atty. Gen., Lyle C. Winkle, Sp. Asst. Atty. Gen., Lincoln, for appellees.

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

CARTER, Justice.

This is an action by the State of Nebraska to condemn from the lands of the plaintiffs a temporary easement on 8.36 acres of land, and the temporary use of such land for securing fill dirt for the construction of a state highway. The jury found for the plaintiffs in the amount of $2,500. The plaintiffs have appealed.

Plaintiffs are the owners of a quarter section of land, the west line of which lies 1 mile east of the city limits of the city...

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