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FLOBERT INDUSTRIES, INC. v. STUHR

No. 82-780.

343 N.W.2d 917 (1984)

216 Neb. 389

FLOBERT INDUSTRIES, INC., a corporation, Appellant, v. John H. STUHR, Jr., et al., Appellees.

Supreme Court of Nebraska.

February 3, 1984.

Attorney(s) appearing for the Case

Warren L. Reimer of Ptak, Ptak & Reimer, Norfolk, for appellant.

Stanley J. Oliverius and Bernard L. McNary of Oliverius & McNary, Albion, for appellees.

KRIVOSHA, C.J., and BOSLAUGH, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ.

HASTINGS, Justice.

Plaintiff commenced this action in the Boone County District Court to enjoin the defendants from trespassing and encroaching upon certain property and to recover damages from trespasses which occurred since September 24, 1978. The defendants answered by denying the allegations and setting up as a defense to the second cause of action that the defendants were the owners-in-fee of the land, a railroad right-of-way. The trial court found in favor of...

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