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IN RE ESTATE OF TETHEROW

No. 39582.

226 N.W.2d 116 (1975)

193 Neb. 150

In re ESTATE of Charles S. TETHEROW, Deceased. Gretchen K. KNIGHT, a/k/a Gretchen K. Tetherow, Individually and as Administratrix of the Estate of Charles S. Tetherow, Deceased, et al., Appellees, v. STATE of Nebraska, DEPARTMENT OF ROADS, Appellant.

Supreme Court of Nebraska.

February 13, 1975.

Attorney(s) appearing for the Case

Clarence A. H. Meyer, Atty. Gen., Warren D. Lichty, Jr., Asst. Atty. Gen., Dale L. Babcock, Jr., John E. Brown, Sp. Asst. Attys. Gen., Lincoln, for appellant.

W. Gerald O'Kief, Valentine, Laurence N. Smith, O'Neill, for appellees.

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

CLINTON, Justice.

This is an eminent domain proceeding commenced by the State of Nebraska, Department of Roads, as condemner. The condemner was dissatisfied with the award by the appraisers and filed and served, as required by the provisions of section 76-715.01, R.R.S.1943, notice of intention to appeal to the District Court. Later, upon motion by the condemnees and after issues had been made up in the District Court, that court dismissed the condemner's appeal....

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