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HANSEN v. COUNTY OF CASS

No. 37459.

177 N.W.2d 568 (1970)

185 Neb. 565

Emery C. HANSEN and Marvelle Hansen, husband and wife, Appellants, v. COUNTY OF CASS, a Municipal Corporation, Appellee.

Supreme Court of Nebraska.

May 22, 1970.

Attorney(s) appearing for the Case

Burbridge & Burbridge, Omaha, Ronald D. Svoboda, Weeping Water, for appellants.

James F. Begley, Plattsmouth, for appellee.

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

SMITH, Justice.

Plaintiffs alleged that defendant's project to improve a highway and straighten a creek had caused overflow damage to their farm and personal property. The district court on defendant's motion for summary judgment dismissed the petition. Plaintiffs appeal. Defendant argues claim preclusion by the final award of compensation to plaintiffs in a previous eminent domain proceeding relating to the project.

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