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MOREHEAD v. STATE DEPT. OF ROADS

No. 39995.

236 N.W.2d 623 (1975)

195 Neb. 31

Kenneth MOREHEAD, Holder of Interest, and Jeanette Mae Debus, Holder of Interest by virtue of the Last Will and Testament of Doris E. Meyers, Deceased, Appellees, v. STATE of Nebraska, DEPARTMENT OF ROADS, Appellant.

Supreme Court of Nebraska.

December 18, 1975.

Attorney(s) appearing for the Case

Paul L. Douglas, Atty. Gen., Warren D. Lichty, Jr., Asst. Atty. Gen., Royce N. Harper, Sp. Asst. Atty. Gen., Lincoln, for appellant.

Asa A. Christensen, Lincoln, Thomas J. Gist, Falls City, for appellees.

Heard before WHITE, C.J., BOSLAUGH, McCOWN and BRODKEY, JJ., and TESAR, District Judge.

BOSLAUGH, Justice.

This is an appeal in a proceeding in eminent domain. On January 26, 1973, the State of Nebraska condemned 7.5 acres of land in Richardson County, Nebraska, for highway purposes which was part of a 52.35-acre tract owned by the plaintiffs.

The appraisers appointed by the county judge fixed the damages at $31,450. Both parties appealed to the District Court where the jury returned a verdict in the amount of $49,750. The State has appealed...

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