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WASSERBURGER v. COFFEE

No. 36049.

141 N.W.2d 738 (1966)

180 Neb. 149

George WASSERBURGER and Beatrice Wasserburger, Husband and Wife et al., Appellees-Cross-Appellants, v. Bill B. COFFEE and Virginia Coffee, Husband and Wife et al., Appellants-Cross-Appellees, Gertrude Quintard and Merrill Quintard, Wife and Husband, Interveners-Appellees-Cross-Appellants.

Supreme Court of Nebraska.

April 15, 1966.

Attorney(s) appearing for the Case

Neighbors & Danielson, Scottsbluff, for appellants.

Atkins, Ferguson & Nichols, Scottsbluff, for appellees.

R. O. Canaday, Hastings, Wilbur S. Aten, Holdrege, amicus curiae.

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

SMITH, Justice.

Riparian owners complained that they no longer could water cattle in creeks running through their lands, because upper irrigators were exhausting the streams by diversions pursuant to appropriation permits from the State of Nebraska. The district court found that the owners were entitled to the use of the streams for watering the number of cattle normally pastured on those parcels which were riparian but not on larger contiguous parcels in the same...

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