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SHADOW ISLE, INC. v. GRANADA FEEDING CO.

No. 85-729.

411 N.W.2d 331 (1987)

226 Neb. 325

SHADOW ISLE, INC., a Corporation, Doing Business as Ankony Shadow Isle Ranch, Appellee and Cross-Appellant, v. GRANADA FEEDING COMPANY, a Division of AFC, Inc., a Corporation, Appellant and Cross-Appellee.

Supreme Court of Nebraska.

August 28, 1987.

Attorney(s) appearing for the Case

Donn C. Raymond of Raymond, Olsen, Ediger & Ballew, P.C., Scottsbluff, for appellant and cross-appellee.

Paul W. Snyder of Van Steenberg, Brower, Chaloupka, Mullin & Holyoke, P.C., Scottsbluff, for appellee and cross-appellant.

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

BOSLAUGH, Justice.

This case arises out of a controversy concerning an agreement for the use of water from two wells on the defendant's land.

The plaintiff, Shadow Isle, Inc., and the defendant, Granada Feeding Company, own adjacent tracts of land in Scotts Bluff County, Nebraska. In 1973 the predecessors in title of the parties executed a "Deed and Easement of Water Right." American Beef Packers, Inc. (American), the predecessor in title of the defendant...

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