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NUSS v. PATHFINDER IRR. DIST.

No. 82-331.

336 N.W.2d 584 (1983)

214 Neb. 888

William NUSS et al., Appellees, v. PATHFINDER IRRIGATION DISTRICT, Appellant.

Supreme Court of Nebraska.

July 22, 1983.

Attorney(s) appearing for the Case

R.L. Gilbert, Morrill, for appellant.

John F. Wright of Wright, Simmons & Selzer, Scottsbluff, for appellees.

KRIVOSHA, C.J., and BOSLAUGH, McCOWN, WHITE, HASTINGS, CAPORALE, and SHANAHAN, JJ.

McCOWN, Justice.

This is an action in mandamus to compel the defendant, Pathfinder Irrigation District, to erect a bridge across an irrigation canal under the provisions of Neb.Rev.Stat. § 46-255 (Reissue 1978). The District Court granted a peremptory writ of mandamus and the irrigation district has appealed.

The plaintiffs own approximately 2,400 acres of land in Scotts Bluff County. The southerly portion of plaintiffs' land lies in Sections 11 and 12...

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