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JOHNSON v. NM FARMS BARTLETT, INC.

Nos. 85-963, 85-964.

414 N.W.2d 256 (1987)

226 Neb. 680

Robert E. JOHNSON, Jr., Appellant, v. NM FARMS BARTLETT, INC., a Nebraska Corporation, Appellee. WHEELER III, a Nebraska General Partnership, Appellant, v. NM FARMS BARTLETT, INC., a Nebraska Corporation, Appellee.

Supreme Court of Nebraska.

October 23, 1987.

Attorney(s) appearing for the Case

Robert H. Berkshire and Richard N. Berkshire, Omaha, for appellants.

Douglas Pauley of Conway, Connolly and Pauley, P.C., Hastings, for appellee.

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

PER CURIAM.

These two cases were consolidated for trial and for argument in this court. In the first case filed in the district court, designated as case No. 85-964 in this court, appellant, Wheeler III, a Nebraska general partnership, sued appellee, NM Farms Bartlett, Inc., a Nebraska corporation, claiming the latter discharged diffused surface waters upon Wheeler III's land, which is located immediately to the north of a portion of NM Farms' lands, and sought

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