NICKMAN v. KIRSCHNER

No. 41705.

273 N.W.2d 675 (1979)

202 Neb. 78

Cecil L. NICKMAN and LaVaghn Nickman, Appellants, v. Charles L. KIRSCHNER and Lois B. Kirschner, Appellees.

Supreme Court of Nebraska.

January 10, 1979.


Attorney(s) appearing for the Case

Nye, Hervert, Jorgensen & Watson, P. C., Kearney, for appellants.

Parker & Grossart, Kearney, for appellees.

Heard before SPENCER, C. J., Pro Tem., BOSLAUGH, McCOWN, CLINTON, BRODKEY and WHITE, JJ., and RIST, District Judge.


RIST, District Judge.

This is an action in which plaintiffs-appellants seek injunctive relief against defendants-appellees enjoining the latter from increasing the flow and volume of water from lands farmed by defendants over and through plaintiffs' lands.

Defendants are the owners of the northwest quarter of Section 33, Township 12 North, Range 16 West of the 6th P.M., in Buffalo County, Nebraska, and lease adjacent thereto and on the west side thereof the...

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