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SCHOEN v. AMERICAN COMMUNICATION COMPANY

No. 38382.

199 N.W.2d 716 (1972)

189 Neb. 78

In the Matter of the Application of Norris SCHOEN, Fairbury, Nebraska etc., Norris Schoen, Appellee, v. AMERICAN COMMUNICATION COMPANY, Inc., Appellant.

Supreme Court of Nebraska.

August 4, 1972.

Attorney(s) appearing for the Case

Nelson, Harding, Marchetti, Leonard & Tate, David R. Parker, Lincoln, for appellant.

Norris Schoen, pro se.

O'Hanlon & Martin, Blair, for amici curiae.

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

SMITH, Justice.

Norris Schoen resided in the telephone service area of the Reynolds exchange of American Communication Company, Inc. He applied to the Nebraska State Railway Commission for service from the Fairbury exchange of Lincoln Telephone and Telegraph Company. A common boundary separated the two service areas.

The commission, dividing 3-2, granted the application subject to reimbursement of American for loss of investment and to payment of construction...

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