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STATE, DEPARTMENT OF ROADS v. DAY

No. 36381.

147 N.W.2d 919 (1967)

181 Neb. 308

STATE of Nebraska, DEPARTMENT OF ROADS, Appellant, v. Dewey C. DAY, Laura Kirk Day and Harold Warp d/b/a Pioneer Village, Appellees.

Supreme Court of Nebraska.

January 27, 1967.

Attorney(s) appearing for the Case

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

William H. Meier, Jesse T. Adkins, Jr., Minden, Ward Minor, Kearney, for appellees.

Heard before WHITE, C. J., CARTER, SPENCER, BOSLAUGH, SMITH and McCOWN, JJ., and LYNCH, District Judge.

SPENCER, Justice.

The only question involved herein is whether a condemnation for a permanent easement for the control of outdoor advertising extended for 660 feet from the main-traveled way of Interstate Highway No. 80, or whether it extended from the edge of the right-of-way.

Dewey C. Day and Laura Kirk Day are life tenants of real estate located along the north exit road to Minden, Nebraska, on the Interstate. Harold Warp, owner of Pioneer Village at Minden...

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