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SCHMIDT v. CHIMNEY ROCK IRRIGATION DIST.

No. 43231.

305 N.W.2d 888 (1981)

209 Neb. 1

Robert L. SCHMIDT, Appellant, v. CHIMNEY ROCK IRRIGATION DISTRICT, a corporation et al., Appellees.

Supreme Court of Nebraska.

May 22, 1981.

Attorney(s) appearing for the Case

Holtorf, Kovarik, Nuttleman & Ellison, P. C., Gering, for appellant.

Winner, Nichols, Meister & Douglas, Scottsbluff, for appellees.

Heard before KRIVOSHA, C. J., WHITE, BRODKEY and HASTINGS, JJ., and CAPORALE, District Judge.

CAPORALE, District Judge.

Robert L. Schmidt (Schmidt), the plaintiff and appellant herein, sought to enjoin the defendants and appellees, Chimney Rock Irrigation District (District) and its officers, from maintaining its canal as to prevent water from entering plaintiff's irrigation system when water in the District's canal is low, and from flooding plaintiff's land when water in the District's canal is high, as well as for damages resulting from the destruction of...

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