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HILLARY CORP. v. U.S. COLD STORAGE, INC.

No. S-94-887.

550 N.W.2d 889 (1996)

250 Neb. 397

The HILLARY CORPORATION, A Nebraska Corporation, Appellant, v. UNITED STATES COLD STORAGE, INC., a Foreign Corporation, Appellee.

Supreme Court of Nebraska.

June 28, 1996.

Attorney(s) appearing for the Case

Thomas L. Saladino and Joseph A. Jordano, of Fitzgerald, Schorr, Barmettler & Brennan, P.C., Omaha, for appellant.

Jeffrey D. Toberer and Jennifer W. Jerram, of Kennedy, Holland, DeLacy & Svoboda, Omaha, for appellee.

CONNOLLY, Justice.

The appellant, The Hillary Corporation (Hillary), brought this action seeking a declaratory judgment that it possesses an implied easement for railway access across the property of the appellee, United States Cold Storage, Inc. (U.S. Cold). Hillary also sought an injunction to prevent U.S. Cold from interfering with Hillary's use of the alleged easement. Hillary's claim for damages was reserved for trial at a later date.

The district court...

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