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VERZANI v. STATE, DEPARTMENT OF ROADS

No. 38069.

195 N.W.2d 762 (1972)

188 Neb. 162

Philip F. VERZANI, owner, et al., Appellees, v. STATE of Nebraska, DEPARTMENT OF ROADS, Appellant.

Supreme Court of Nebraska.

March 17, 1972.

Attorney(s) appearing for the Case

Clarence A. H. Meyer, Atty. Gen., Warren D. Lichty, Jr., Asst. Atty. Gen., Gary R. Welch, Dale L. Babcock, Jr., Royce N. Harper, Special Asst. Attys. Gen., Lincoln, for appellant.

Smith, Smith & Boyd, Robert G. Scoville, South Sioux City, for appellees.

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

BOSLAUGH, Justice.

This is an appeal in a proceeding in eminent domain. On August 4, 1969, the defendant, State of Nebraska, condemned 4.85 acres of land in Dakota County, Nebraska, for highway purposes. The land taken was part of a 10-acre tract which was being purchased by the plaintiff Raymond L. Kilberg from Philip F. Verzani and Emma L. Verzani. While the proceeding was pending, the contract was completed and the land conveyed to Raymond L. Kilberg and Robert...

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