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STATE EX REL. KAIPUS v. BOARD OF TRUSTEES

No. 41297.

264 N.W.2d 422 (1978)

200 Neb. 525

STATE of Nebraska ex rel. Ronald D. KAIPUS and Mary Kaipus, Appellants, v. BOARD OF TRUSTEES OF SANITARY AND IMPROVEMENT DISTRICT NO. 113 OF DOUGLAS COUNTY, Nebraska, Appellee.

Supreme Court of Nebraska.

April 5, 1978.

Attorney(s) appearing for the Case

Lich, Herold & Mackiewicz, Victor J. Lich, Jr., Omaha, for appellants.

Ross & Mason, August Ross, Omaha, for appellee.

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

PAUL W. WHITE, Chief Justice.

This action originated with a petition for mandamus brought by the relators to compel respondent to repair and maintain a drainageway lying behind relators' residence. The action was tried to the District Court which, in a decree dated December 19, 1973, found generally for the relators and required respondent to submit plans and specifications to the court for repair of the drainageway and restoration of relators' property. On October...

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