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CAPE CO. v. WIEBE

No. 40379.

241 N.W.2d 830 (1976)

196 Neb. 204

The CAPE COMPANY, a partnership, Appellee, v. John A. WIEBE, Trustee, et al., Appellants, v. KIRKHAM-MICHAEL, INC., a corporation, Intervener-Appellee. John A. WIEBE, Trustee, Appellant, v. SEARS, ROEBUCK & CO., et al., Appellees, v. KIRKHAM-MICHAEL, INC., a corporation, Intervener-Appellee.

Supreme Court of Nebraska.

May 19, 1976.

Attorney(s) appearing for the Case

Thomas Marshall, Green, Marshall & Green, Omaha, Terrance A. Hogan, Ralston, for appellants.

Michael F. Kinney and John C. Foxley, Cassem, Tierney, Adams & Gotch, Omaha, for appellees.

Heard before WHITE, C. J., SPENCER, McCOWN, NEWTON, and BRODKEY, JJ., and KUNS, Retired District Judge.

NEWTON, Justice.

This is an action for an injunction to enjoin the defendant John A. Wiebe, Trustee, from interfering with an access road and utility lines serving plaintiff's property. Interests of Kirkham-Michael, Inc., and Sears, Roebuck & Co. are also in issue. Judgment was generally against the defendant and in favor of plaintiff and other parties. We affirm the judgment of the District Court.

Kirkham-Michael, Inc., hereinafter referred to as K-M...

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