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NU-DWARF FARMS v. STRATBUCKER FARMS

No. 89-369.

470 N.W.2d 772 (1991)

238 Neb. 395

NU-DWARF FARMS, INC., a Nebraska Corporation, Appellant, v. STRATBUCKER FARMS, LTD., a Nebraska Limited Partnership, et al., Appellees.

Supreme Court of Nebraska.

June 14, 1991.

Attorney(s) appearing for the Case

Thomas C. Huston and Mark A. Christensen, of Cline, Williams, Wright, Johnson & Oldfather, Lincoln, for appellant.

Michael S. Mostek, of McGill, Parsonage & Lanphier, P.C., Omaha, for appellees.

BOSLAUGH, WHITE, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ.

CAPORALE, Justice.

Appellant, Nu-Dwarf Farms, Inc., commenced this action seeking a mandatory permanent injunction requiring appellees, Stratbucker Farms, Ltd., Herman Stratbucker, and Stratbucker Farms of Nebraska, Inc. (hereinafter collectively referred to as Stratbuckers), to unblock an artificial drainage ditch which transversed a portion of Stratbuckers' land. Nu-Dwarf claims it is entitled to relief under the theory that by blocking the drainage ditch, Stratbuckers...

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