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KIWANIS CLUB FOUNDATION, INC. OF LINCOLN v. YOST

No. 36044.

139 N.W.2d 359 (1966)

179 Neb. 598

KIWANIS CLUB FOUNDATION, INC. OF LINCOLN, Nebraska, a Corporation and Camp Fire Girls, Inc., a Corporation, Appellants, v. Levi YOST et al., Appellees.

Supreme Court of Nebraska.

January 14, 1966.

Attorney(s) appearing for the Case

Pierson & Pierson, Lincoln, for appellants.

Ivan A. Blevens, Seward, Marti, O'Gara, Dalton & Bruckner, Robert M. O'Gara, Lincoln, for appellees.

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

McCOWN, Justice.

This is an action for an injunction restraining the defendants from damaging and destroying a dam and to require them to replace and repair a portion of the dam already destroyed. The district court sustained a demurrer and a later motion to dismiss, and the plaintiffs have appealed.

The plaintiffs alleged that in 1924, a dam was constructed by the Nebraska Gas and Electric Company on the Blue River approximately 1 mile downstream from the...

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