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BIEGERT v. DUDGEON

No. 81-775.

330 N.W.2d 897 (1983)

Max L. BIEGERT and Thelma Biegert, husband and wife, and Biegert Brothers Farms, Inc., a Nebraska corporation, Appellants, v. Thelma DUDGEON, Naomi D. Betty, and Willard B. Dudgeon, Appellees.

Supreme Court of Nebraska.

March 4, 1983.

Attorney(s) appearing for the Case

Daniel E. Bryan of Heinisch & Bryan, Geneva, for appellants.

Koenig & Murray, Hebron, for appellees.

KRIVOSHA, C.J., BOSLAUGH, McCOWN, WHITE, HASTINGS, and CAPORALE, JJ., and MORAN, District Judge.

KRIVOSHA, Chief Justice.

This is an action instituted by the appellants, Max Biegert, Thelma Biegert, and Biegert Brothers Farms, Inc. (Biegerts), seeking to establish a prescriptive easement over a 30-foot strip of land owned by the appellees, Thelma Dudgeon, Naomi D. Betty, and Willard B. Dudgeon (Dudgeons), for the use of planting, harvesting, and caring for crops. Biegerts also sought an order requiring the Dudgeons to remove a fence constructed by the Dudgeons...

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