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HORN v. COMMUNITY REFUSE DISPOSAL, INC.

No. 37515.

180 N.W.2d 691 (1970)

186 Neb. 43

George C. HORN et al., Appellants, v. COMMUNITY REFUSE DISPOSAL, INC. et al., Appellees, City of Norfolk, a Municipal Corporation, Intervener-Appellee.

Supreme Court of Nebraska.

October 29, 1970.

Attorney(s) appearing for the Case

Grady & Caskey, Stanton, for appellants.

Hutton, Hutton & Garden, Norfolk, for Community Refuse.

Robert E. Otte, City Atty., Norfolk, for City of Norfolk.

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

McCOWN, Justice.

This is a suit by a number of individual plaintiffs to enjoin the establishment and operation of a dump yard on rural real estate in Madison County, Nebraska. The district court denied the application of the plaintiffs for an injunction and dismissed plaintiffs' petition.

The defendant, Milton Retzlaff, was the owner of the southeast quarter of Section 13, Township 23 North, Range 1 West of the 6th P.M., in Madison County, Nebraska. The defendant...

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