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KUTA v. FLYNN

No. 36646.

155 N.W.2d 795 (1968)

182 Neb. 479

Frank L. KUTA and Josie Kuta, Appellants, v. Declan E. FLYNN and Minnie Flynn, Appellees.

Supreme Court of Nebraska.

January 19, 1968.

Attorney(s) appearing for the Case

Robert F. Martin, Loup City, for appellants.

Vogeltanz & Kubitschek, Ord, for appellees.

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

WHITE, Chief Justice.

This is an action in equity by the plaintiffs, Frank L. Kuta and Josie Kuta, to require the defendants, Declan E. Flynn and Minnie Flynn, to remove an obstruction across an alleged natural watercourse flowing southward from the plaintiffs' land and across the defendants' land, and seeking damages for the loss of crops. Plaintiffs allege that the defendants' construction in 1963 of a raised alley or lane and irrigation lateral base running east...

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