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SMITH v. PAPIO-MISSOURI RIVER DIST.

No. S-95-376.

576 N.W.2d 797 (1998)

254 Neb. 405

Stephen R. SMITH and Doris Smith, Appellees, v. PAPIO-MISSOURI RIVER NATURAL RESOURCES DISTRICT, Appellant.

Supreme Court of Nebraska.

April 10, 1998.

Attorney(s) appearing for the Case

Paul F. Peters, of Schmid, Mooney & Frederick, Omaha, for appellant.

Michael J. Mooney and Francie C. Riedmann, of Gross & Welch, PC., Omaha, for appellees.

WHITE, C.J., CAPORALE, WRIGHT, CONNOLLY, and GERRARD, JJ., and SPETHMAN, District Judge, and GRANT, J., Retired.

GERRARD, Justice.

Stephen R. "Reed" Smith (Reed Smith) and Doris Smith sought and obtained further review in this court from the judgment of the Nebraska Court of Appeals in which it reversed a district court judgment based on a jury verdict in their favor and remanded the matter for a new trial. We conclude that the Court of Appeals erred in disturbing the jury verdict and, as such, reverse its judgment and remand the cause with the direction to reinstate the jury...

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