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KLUCK v. MENTZER

Nos. 83-223, 83-224.

347 N.W.2d 306 (1984)

217 Neb. 8

Cyril KLUCK et al., Appellants, v. James Robert MENTZER et al., Appellees. Cyril KLUCK et al., Appellants, v. Esther M. ARPS et al., Appellees.

Supreme Court of Nebraska.

April 13, 1984.

Attorney(s) appearing for the Case

James A. Cada of Bailey, Polsky, Cada & Todd, Lincoln, for appellants.

George E. McNally, Schuyler, for appellees.

BOSLAUGH, HASTINGS, and GRANT, JJ., and BRODKEY, J., Retired, and RIST, District Judge.

RIST, District Judge.

Plaintiffs, Cyril and Goldie Kluck, commenced two actions in the district court for Colfax County, Nebraska, seeking injunctive relief against defendants in each case for removal of embankments on defendants' properties, which plaintiffs alleged interfered with the natural drainage of surface and flood waters, thereby causing plaintiffs' damages, and additionally, in one action, seeking restoration of claimed loss of lateral support of plaintiffs...

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