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STATE, DEPARTMENT OF ROADS v. PARKS

No. 37378.

178 N.W.2d 788 (1970)

185 Neb. 794

STATE of Nebraska, DEPARTMENT OF ROADS, Appellant, v. Leslie M. PARKS et al., Appellees.

Supreme Court of Nebraska.

July 24, 1970.

Attorney(s) appearing for the Case

Clarence A. H. Meyer, Atty. Gen., Warren D. Lichty, Jr., Asst. Atty. Gen., Dale L. Babcock, Jr., Sp. Asst. Atty. Gen., Lincoln, for appellant.

Sidner, Svoboda & Schilke, Fremont, for appellees.

Heard before WHITE, C.J., SPENCER, BOSLAUGH, SMITH, McCOWN, and NEWTON, JJ., and COLWELL, District Judge.

WHITE, Chief Justice.

The dispute in this case focuses upon the question of title to the north 33 feet of land included in the south 66 feet of the southwest quarter of the southwest quarter of Section 12, Township 17, Range 8 East of the 6th P.M., in Dodge County, Nebraska. The State seeks to enjoin the appellees from utilizing the disputed tract, claiming that it constitutes part of the right-of-way adjacent to U.S. Highway No. 30, and to restrain the appellees...

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