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DANISH VENNERFORNING, ETC. v. STATE

No. 42706.

290 N.W.2d 791 (1980)

205 Neb. 839

The DANISH VENNERFORNING AND OLD PEOPLES HOME, a Nebraska Corporation, Appellee and Cross-Appellant, v. STATE of Nebraska, Department of Roads, Appellant and Cross-Appellee.

Supreme Court of Nebraska.

April 1, 1980.

Attorney(s) appearing for the Case

Paul L. Douglas, Atty. Gen., Warren D. Lichty, Jr. and John E. Brown, Asst. Attys. Gen., Lincoln, for appellant and cross-appellee.

Harry H. Foulks and James B. Miller of Farnham, Farnham & Miller, Omaha, for appellee and cross-appellant.

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

KRIVOSHA, Chief Justice.

It has been said that the third time is the charm. At least it so appears to be in this case. This is the third appearance of this matter before this court. For a complete description of the facts in this case, see Danish Vennerforning and Old Peoples Home v. State, 191 Neb. 774, 217 N.W.2d 819 (1974). In its second appearance before this court, reported in

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