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STATE v. ROSENBERGER

No. 38002.

193 N.W.2d 769 (1972)

187 Neb. 726

STATE of Nebraska, Board of Educational Lands and Funds, Appellant, v. Geneice ROSENBERGER, Appellee.

Supreme Court of Nebraska.

January 28, 1972.

Attorney(s) appearing for the Case

Clarence A. H. Meyer, Atty. Gen., Bernard L. Packett, Asst. Atty. Gen., Lincoln, Nebraska, for appellant.

Stubbs & Metz, Daniel Stubbs, Alliance, for appellee.

McGinley, Lane, Mueller, Shanahan & McQuillan, Ogallala, John A. Gale, North Platte, Maupin, Dent, Kay, Satterfield, Girard & Scritsmier, North Platte, amicus curiae.

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

McCOWN, Justice.

The Board of Educational Lands and Funds of the State of Nebraska brought this action under the provisions of section 72-240.11, R.S.Supp., 1969, for a declaratory judgment to determine the ownership of certain permanent "improvements" placed on a section of school land located in Box Butte County by the lessee of the land at his expense. The district court determined that the defendant lessee was the owner of the "improvements" and the Board of Educational...

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