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MUFF v. MAHLOCK FARMS CO.

No. 37057.

167 N.W.2d 73 (1969)

184 Neb. 286

Hubert G. MUFF, Appellant, v. MAHLOCH FARMS CO., Incorporated and Glen Schwisow, Appellees.

Supreme Court of Nebraska.

April 11, 1969.

Attorney(s) appearing for the Case

Jack L. Craven, Crete, Herman Ginsburg, Lincoln, for appellant.

Joe T. Vosoba, Alan L. Steinacher, Wilber, for appellees.

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

CARTER, Justice.

This is a suit in equity by Hubert G. Muff, against Mahloch Farms Company, an adjoining upper proprietor, to enjoin the upper proprietor from casting irrigation water on the lower proprietor's land. The trial court found for the defendants and denied an injunction. The plaintiff has appealed.

The plaintiff is the owner of that part of the northeast quarter of Section 9, Township 8 North, Range 4 East of the 6th P.M., in Saline County, Nebraska...

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