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DUGAN v. JENSEN

No. S-91-917.

510 N.W.2d 313 (1994)

244 Neb. 937

Donald M. DUGAN, Appellee, Cross-Appellant, and Cross-Appellee, v. Donald D. JENSEN and Patricia K. Jensen, Appellants and Cross-Appellees, and Smith Construction, Inc., Appellee, Cross-Appellant, and Cross-Appellee.

Supreme Court of Nebraska.

January 21, 1994.

Attorney(s) appearing for the Case

Patrick A. Brock, of Cunningham, Blackburn, Francis, Brock & Cunningham, Grand Island, for appellants.

John A. Wolf, of Shamberg & Wolf, Grand Island, for appellee Dugan.

Roger G. Steele, of Luebs, Beltzer, Leininger, Smith & Busick, Grand Island, for appellee Smith Construction.

HASTINGS, C.J., BOSLAUGH, WHITE, CAPORALE, FAHRNBRUCH, and LANPHIER, JJ., and RONIN, District Judge, Retired.

WHITE, Justice.

Donald D. and Patricia K. Jensen appeal from a partial summary judgment on the issues of ownership of real property and trespass, and from a jury award of $5,000 in damages. Appellee Donald M. Dugan cross-appeals from the district court's ruling that treble damages were not recoverable. Appellee Smith Construction, Inc., also filed a cross-appeal and contends that the jury instruction on the measure of damages was an incorrect statement of the law...

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