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STATE, DEPT. OF ROADS v. MERRITT BROS. SAND & G. CO.

No. 36216.

144 N.W.2d 180 (1966)

180 Neb. 660

STATE of Nebraska, DEPARTMENT OF ROADS, Appellee, v. MERRITT BROTHERS SAND AND GRAVEL COMPANY, a Corporation, et al., Appellants.

Supreme Court of Nebraska.

July 22, 1966.

Attorney(s) appearing for the Case

Ginsburg, Rosenberg, Ginsburg & Krivosha, Lincoln, for appellants.

Clarence A. H. Meyer, Atty. Gen., Harold S. Salter, Asst. Atty. Gen., Warren D. Lichty, Sp. Asst. Atty. Gen., Lincoln, for appellee.

Heard before CARTER, SPENCER, BOSLAUGH, BROWER, SMITH, and McCOWN, JJ., and MURPHY, District Judge.

MURPHY, District Judge.

This is an action in which plaintiff seeks to enjoin defendants from using a certain tract of land described in the pleadings by metes and bounds (hereinafter referred to as the tract of land) for any purposes inconsistent with or in excess of their easement rights therein, to enjoin the defendants from interfering with plaintiff in taking a survey of the tract of land, and for a determination that plaintiff has a right to construct a fence...

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