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HENGEN v. HENGEN

Nos. 43891, 43892.

318 N.W.2d 269 (1982)

211 Neb. 276

Francis HENGEN and Louise Hengen, husband and wife, Appellants, v. Barbara H. HENGEN et al., Appellees. Barbara H. HENGEN et al., Appellees, v. Francis HENGEN and Louise Hengen, husband and wife, Appellants.

Supreme Court of Nebraska.

April 16, 1982.

Attorney(s) appearing for the Case

Jess C. Nielsen and Richard A. Birch of Jess C. Nielsen Law Offices, North Platte, for appellants.

John A. Gale of Girard & Gale, North Platte, for appellees.

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

McCOWN, Justice.

This appeal involves two consolidated cases in each of which one group of landowners seeks injunctive relief to permit the withdrawal of irrigation water from the canal of irrigation district across land of the other owners. The trial court ruled generally in favor of appellees Barbara Hengen et al. in both cases. Francis and Louise Hengen have appealed.

These two cases involve a section of land located in Lincoln County, Nebraska. At the...

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