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STATE, DEPARTMENT OF ROADS v. KILBERG

No. 39411.

223 N.W.2d 665 (1974)

192 Neb. 661

STATE of Nebraska, DEPARTMENT OF ROADS, Appellant, v. Raymond L. KILBERG and Darlene Kilberg, husband and wife, et al., Appellees, Nebraska State Bank, a corporation, Appellee.

Supreme Court of Nebraska.

December 5, 1974.

Attorney(s) appearing for the Case

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

Smith, Smith & Boyd, South Sioux City, for Kilberg.

Norris G. Leamer, South Sioux City, for Nebraska State Bank.

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

McCOWN, Justice.

The State of Nebraska, Department of Roads, commenced this injunction proceeding to enjoin the defendants from encroaching upon a certain strip of land allegedly held by the State for public highway right-of-way purposes, and to require the defendants to remove fencing, a sign, and any other property from the disputed strip. The District Court found generally in favor of the defendants, and that the evidence was insufficient to establish plaintiff...

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