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LUND v. ORR

No. 36427.

148 N.W.2d 309 (1967)

181 Neb. 361

Larry LUND et al., Appellees, v. Clair W. ORR et al., Appellants.

Supreme Court of Nebraska.

February 10, 1967.

Attorney(s) appearing for the Case

Smith, Smith & Boyd, South Sioux City, Cecil W. Orton, Dakota City, for appellants.

Ryan & Scoville, South Sioux City, for appellees.

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

BOSLAUGH, Justice.

This is an action to remove a restrictive covenant upon real estate. The trial court found that the restriction should be removed and canceled. The defendants appeal.

The plaintiffs, Larry Lund and Donna Lund, are the owners of a small tract of land, having an area of approximately 1 acre, located about one-half mile north of Dakota City, Nebraska. The plaintiffs' land is near the northeast corner of the southwest quarter of Section 4, Township...

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