KOZAK v. STATE, GAME AND PARKS COMMISSION

No. 38525.

203 N.W.2d 516 (1973)

189 Neb. 525

Jerry E. KOZAK and Julia Kozak, Appellants, v. STATE of Nebraska, GAME AND PARKS COMMISSION, Appellee.

Supreme Court of Nebraska.

January 19, 1973.


Attorney(s) appearing for the Case

Witte & Donahue, Donald E. Benton, Pawnee City, for appellants.

Ginsburg, Rosenberg, Ginsburg & Krivosha, Lincoln, for appellee.

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


SPENCER, Justice.

This is an appeal from the sustaining of appellee's motion for a summary judgment dismissing the ejectment action filed by the appellants and overruling appellant's motion for summary judgment. We affirm.

In 1886, the Chicago, Kansas and Nebraska Railway Company extended its right-of-way through southeastern Nebraska in Pawnee and Gage counties. The railroad purchased part of the right-of-way and the remainder was condemned. The right-of...

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