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DUERFELDT v. STATE GAME AND PARKS COMMISSION

No. 37121.

166 N.W.2d 737 (1969)

184 Neb. 242

Elmer B. E. DUERFELDT and Elizabeth Esther Duerfeldt, Appellants, v. STATE of Nebraska, GAME AND PARKS COMMISSION et al., Appellees.

Supreme Court of Nebraska.

March 28, 1969.

Attorney(s) appearing for the Case

Mattson, Ricketts & Gourlay, Lincoln, for appellants.

John P. McKnight, Auburn, Richard Van Steenberg, Scottsbluff, for appellees.

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

NEWTON, Justice.

In this action plaintiffs seek to enjoin the appropriation by eminent domain proceedings of a certain tract of land. The Game and Parks Commission of the State of Nebraska seeks to obtain the land for park purposes. Plaintiffs assert the applicable legislative act is unconstitutional and that defendant has failed to comply with its terms. Judgment was entered for defendant in the district court. We affirm the judgment.

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