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OLDENBURG v. STATE

No. 84-097.

374 N.W.2d 341 (1985)

221 Neb. 1

Lloyd C. OLDENBURG, Appellant and Cross-Appellee, v. STATE of Nebraska, Department of Roads, Appellee and Cross-Appellant.

Supreme Court of Nebraska.

October 4, 1985.

Attorney(s) appearing for the Case

John J. Higgins of Higgins & Okun, Omaha and George H. Moyer, Jr., of Moyer & Moyer, Madison for appellant.

Paul L. Douglas, Atty. Gen., and John R. Thompson, Lincoln, for appellee.

KRIVOSHA, C.J., HASTINGS, CAPORALE and GRANT, JJ., and MORAN, District Judge.

GRANT, Justice.

This is an appeal from a decision of the district court dismissing an action brought by the plaintiff, Lloyd C. Oldenburg (hereinafter Oldenburg), against the State of Nebraska Department of Roads (hereinafter State), under the State Tort Claims Act, Neb.Rev.Stat. §§ 81-8,209 et seq. (Reissue 1981). Oldenburg has appealed.

At approximately 10 p.m., October 19, 1979, Oldenburg was traveling east in the eastbound lane, or south half...

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