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PRAIRIE VIEW TELEPHONE CO. v. COUNTY OF CHERRY

No. 35963.

138 N.W.2d 468 (1965)

179 Neb. 382

PRAIRIE VIEW TELEPHONE COMPANY, a Mutual Association, Edgar J. Grooms and Anna Grooms, husband and wife, Martin G. Grooms and Sylvia Grooms, husband and wife, Appellees, v. COUNTY OF CHERRY, State of Nebraska, Appellant.

Supreme Court of Nebraska.

December 3, 1965.

Attorney(s) appearing for the Case

Richard L. Spittler, Valentine, Rush C. Clarke, North Platte, for appellant.

Dean L. Donoho, Valentine, for appellees.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, BROWER, SMITH, and McCOWN, JJ.

WHITE, Chief Justice.

This is an eminent domain proceeding brought by the County of Cherry to condemn real estate owned by the appellees Grooms for a county road. The action originated before appraisers appointed by the county judge, and the county, being dissatisfied with the allowance of the appraisers, appealed to the district court. The district court, on motion for summary judgment, dismissed the action on the grounds...

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