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BODE v. FLOBERT INDUSTRIES, INC.

Nos. 40785, 40786.

249 N.W.2d 750 (1977)

197 Neb. 488

Frederick W. BODE and Malinda Bode, husband and wife, Appellants, v. FLOBERT INDUSTRIES, INC., a corporation, et al., Appellees. Leonard HOEFER and Juanna Hoefer, husband and wife, Appellants, v. FLOBERT INDUSTRIES, INC., a corporation, et al., Appellees.

Supreme Court of Nebraska.

January 26, 1977.

Attorney(s) appearing for the Case

Stanley J. Oliverius, Albion, for appellants.

Robert M. O'Gara, of Marti, Dalton, Bruckner, O'Gara & Keating, Lincoln, Robert W. Smith, Neligh, for appellees.

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

PER CURIAM.

We have before us two cases which were consolidated for trial and for hearing in this court. Both involve title to abandoned railroad rights-of-way. One will be referred to as the Hoefer case and the other, the Bode case. In each instance former owners executed conveyances to the Fremont, Elkhorn and Missouri Valley Railroad Company. The conveyances were identical except for the description of the land crossed by the rights-of-way. The conveyance to the...

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