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PETERS v. LANGREHR

No. 38280.

197 N.W.2d 698 (1972)

188 Neb. 480

Walter PETERS, Appellee, v. Harvey LANGREHR and Alice Langrehr, Appellants.

Supreme Court of Nebraska.

May 19, 1972.

Attorney(s) appearing for the Case

Cunningham & Blackburn, William G. Blackburn, Grand Island, for appellants.

Mayer & Mayer, Arthur C. Mayer, Grand Island, for appellee.

Heard before WHITE, C. J., BOSLAUGH, McCOWN, and CLINTON, JJ., and COLWELL, District Judge.

CLINTON, Justice.

This is an action to permanently enjoin the defendants from discharging upon the land of the plaintiff waste irrigation waters. Defendants denied generally, but they also pled the statute of limitations, section 25-502, R.R.S.1943, apparently claiming a prescriptive right to make the discharge, and also pled laches. After trial the court entered an order in which the defendants were "permanently enjoined from permitting excess irrigation water from...

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