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CLINTON v. FARWELL IRR. DIST.

No. 86-169.

417 N.W.2d 1 (1987)

227 Neb. 187

James S. CLINTON, Appellant, v. FARWELL IRRIGATION DISTRICT et al., Appellees.

Supreme Court of Nebraska.

December 18, 1987.

Attorney(s) appearing for the Case

Leo A. Knowles and William F. Hargens of McGrath, North, O'Malley & Kratz, P.C., Omaha, for appellant.

Steven G. Seglin and Leroy W. Orton of Crosby, Guenzel, Davis, Kessner & Kuester, Lincoln, for appellees.

HASTINGS, C.J., BOSLAUGH, WHITE, CAPORALE, SHANAHAN, and GRANT, JJ., and COLWELL, District Judge, Retired.

BOSLAUGH, Justice.

This was an action to recover for seepage damage to a tract of farmland in Howard County, Nebraska, owned by the plaintiff, James S. Clinton. The amended petition alleged that the damage was caused by water seeping from an irrigation canal operated and maintained by the defendants, Farwell Irrigation District and Loup Basin Reclamation District. The amended petition further alleged that the Farwell Canal and its laterals ran within a half mile of...

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