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CARTER v. STATE, DEPT. OF ROADS

No. 40930.

254 N.W.2d 390 (1977)

198 Neb. 519

A. Birchard CARTER and Nola M. Carter, Appellants, v. STATE of Nebraska, DEPARTMENT OF ROADS, Appellee.

Supreme Court of Nebraska.

May 18, 1977.

Attorney(s) appearing for the Case

Edward F. Carter, Jr., of Barney & Carter, Lincoln, for appellants.

Paul L. Douglas, Atty. Gen., Warren D. Lichty, Jr., Gary R. Welch, Randall E. Sims, Asst. Attys. Gen., Lincoln, for appellee.

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

CLINTON, Justice.

The plaintiffs brought this action against the State of Nebraska, Department of Roads, alleging that they were the owners of the south 33 feet of the northeast quarter of Section 21, Township 10 North, Range 2 West of the 6th P.M., York County, Nebraska and asked the court to declare L.B. 1181, 82nd Legislature (§ 39-1320.06, R.S.Supp., 1972), and L.B. 213,1975 Legislature, unconstitutional insofar as it prevented

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