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ENTERPRISE COMPANY v. SANITARY DISTRICT NO. ONE

No. 35530.

125 N.W.2d 712 (1964)

176 Neb. 271

ENTERPRISE COMPANY, Inc., a Corporation, Appellee, v. SANITARY DISTRICT NO. ONE OF LANCASTER COUNTY, Nebraska, a Public Corporation, Appellant.

Supreme Court of Nebraska.

January 17, 1964.

Attorney(s) appearing for the Case

Kier, Cobb & Luedtke, Janice L. Gradwohl, Lincoln, for appellant.

Ginsburg, Rosenberg & Ginsburg, Norman Krivosha, Lincoln, for appellee.

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

BOSLAUGH, Justice.

Sanitary District No. One of Lancaster County, Nebraska, commenced this proceeding to obtain an easement for the purpose of enlarging an existing drainage ditch. Enterprise Company, Inc., is the owner of the land involved in the proceeding. For convenience, Enterprise will be referred to as the plaintiff, and the Sanitary District as the defendant.

The plaintiff recovered damages in the amount of $13,005 in the trial court. The defendant...

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