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PAASCH v. BROWN

No. 41264.

260 N.W.2d 612 (1977)

199 Neb. 683

Marcella PAASCH, Appellant and Cross-Appellee, v. Julia BROWN, Appellee and Cross-Appellant.

Supreme Court of Nebraska.

December 28, 1977.

Attorney(s) appearing for the Case

H. E. Hurt, Jr., and James A. Gallant, Scribner, for appellant.

McGrath, North, O'Malley, Kratz, Dwyer, O'Leary & Martin, Omaha, for appellee.

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

PAUL W. WHITE, Chief Justice.

This case involves a continuing controversy between the plaintiff, an upper landowner, and the defendant, a lower landowner, over the obstruction by the defendant of the flow of surface waters from the plaintiff's land through a natural drainway.

In the first appearance of this controversy before this court, Paasch v. Brown, 190 Neb. 421, 208 N.W.2d 695

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