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MOODY'S INC. v. STATE DEPARTMENT OF ROADS

No. 41593.

267 N.W.2d 192 (1978)

201 Neb. 271

MOODY'S INC., a Nebraska Corporation, Lessee, Appellant, v. STATE of Nebraska, DEPARTMENT OF ROADS, Appellee.

Supreme Court of Nebraska.

June 28, 1978.

Attorney(s) appearing for the Case

Smith, Smith & Boyd, South Sioux City, for appellant.

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

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

PAUL W. WHITE, Chief Judge.

The sole question presented in this appeal is whether the parties are entitled to a jury trial on the issue of whether the State condemner made a good faith offer of settlement under the statutory requirement in condemnation actions.

The briefs in this case were filed and the case was at issue before this court on November 10, 1977. Our decision in Suhr v. City of Seward, 201 Neb. 51,

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