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SIMACEK v. YORK COUNTY RURAL PUB. POWER DIST.

No. 84-207.

370 N.W.2d 709 (1985)

220 Neb. 484

Albert SIMACEK et al., Appellants, v. YORK COUNTY RURAL PUBLIC POWER DISTRICT, Appellee.

Supreme Court of Nebraska.

July 19, 1985.

Attorney(s) appearing for the Case

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

Gordon B. Fillman of Fillman & Brugh and John R. Brogan of Brogan & McCluskey, York, for appellee.

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

BOSLAUGH, Justice.

The plaintiffs, Albert Simacek, Patty Simacek, and Blanche J. Simacek, are the owners of a quarter section of farmland in Fillmore County, Nebraska. In 1887 Hiram L. Smith, a predecessor in title, conveyed to the Fremont, Elkhorn and Missouri Valley Railroad Company "for the purpose of constructing a Railroad thereon, and for all uses and purposes connected with the construction and use of said Railroad, a strip of land One Hundred feet in width...

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