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PAINTER v. STATE, DEPARTMENT OF ROADS

No. 35766.

131 N.W.2d 587 (1964)

177 Neb. 905

Ira PAINTER and Betty Painter, Appellants, v. STATE of Nebraska, DEPARTMENT OF ROADS, Appellee.

Supreme Court of Nebraska.

December 4, 1964.

Attorney(s) appearing for the Case

McGinley, Lane, Mueller & Shanahan, Frank B. Morrison, Jr., Ogallala, for appellants.

Clarence A. H. Meyer, Atty. Gen., Harold S. Salter, Asst. Atty. Gen., Warren D. Lichty, Jr., Sp. Asst. Atty. Gen., James F. Peterson, Sp. Asst. Atty. Gen., Richard L. Dunning, Sp. Asst. Atty. Gen., Lincoln, for appellee.

Heard before WHITE, C. J., CARTER, SPENCER, BOSLAUGH, and BROWER, JJ., and ROBERT L. FLORY and ROBERT L. SMITH, District Judges.

CARTER, Justice.

This is an action by plaintiffs against the State of Nebraska to recover compensation for the appropriation of 573.84 square feet of land in an eminent domain proceeding, and for damages to the remainder of plaintiffs land resulting from such appropriation. The jury returned a verdict for the plaintiffs in the amount of $286.92 with interest. Plaintiffs have appealed.

Plaintiffs are the owners of a tract of land which is 207 feet north and...

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