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CZARNICK v. LOUP RIVER PUBLIC POWER DISTRICT

No. 38844.

209 N.W.2d 595 (1973)

190 Neb. 521

Helen C. CZARNICK, Individually, and Helen C. Czarnick, Administratrix of the Estate of Louis Czarnick, Deceased, Appellant, v. LOUP RIVER PUBLIC POWER DISTRICT and the State of Nebraska, Department of Roads, Appellees.

Supreme Court of Nebraska.

July 20, 1973.

Attorney(s) appearing for the Case

Robak & Geshell, Columbus, for appellant.

John A. Wagoner, Thomas A. Wagoner, Grand Island, Deutsch & Hagen, Thomas H. DeLay, Norfolk, Clarence A. H. Meyer, Atty. Gen., Warren D. Lichty, Jr., John P. Regan, Dale L. Babcock, Jr., Sp. Asst. Attys. Gen., Lincoln, for appellees.

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

WHITE, Chief Justice.

This is an action for money damages caused by flooding which resulted from a diversion of the Loup River from its natural course. The plaintiff also seeks injunctive relief against the State of Nebraska. From a judgment of dismissal in favor of both defendants on the pleadings, the plaintiff appeals. We affirm in part and reverse and remand in part.

The plaintiff owns certain farm land in Nance County located south of the Loup River....

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