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WHITAKER v. GERING IRRIGATION DISTRICT

No. 36828.

160 N.W.2d 186 (1968)

183 Neb. 290

George WHITAKER et al., Appellees, Cross-Appellants, v. GERING IRRIGATION DISTRICT, Appellant, Cross-Appellee.

Supreme Court of Nebraska.

June 21, 1968.

Attorney(s) appearing for the Case

Lyman & Gallawa, Scottsbluff, for appellant.

Van Steenberg, Winner & Wood, Scottsbluff, for appellees.

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

McCOWN, Justice.

This is an action in equity to recover damages resulting from the backing-up of surface waters caused by the obstruction of a natural drainway, and for a mandatory injunction requiring the sole defendant, Gering Irrigation District, to restore the drainage to its natural state or, alternatively, to provide an adequate escape for surface waters flowing in the natural drainway. The district court dismissed the cause of action for damages and granted...

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