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WHIPPS LAND & CATTLE v. LEVEL 3

No. S-01-1206.

658 N.W.2d 258 (2003)

265 Neb. 472

WHIPPS LAND & CATTLE COMPANY, INC., a Nebraska corporation, and Lyndell W. Whipps and Doris Whipps, husband and wife, Appellants, v. LEVEL 3 COMMUNICATIONS, LLC, a Delaware limited liability company, Appellee.

Supreme Court of Nebraska.

March 14, 2003.

Attorney(s) appearing for the Case

Stephen D. Mossman, of Mattson, Ricketts, Davies, Stewart & Calkins, Lincoln, for appellants.

Danene J. Tushar and Daniel J. Guinan, of Fraser, Stryker, Meusey, Olson, Boyer & Bloch, P.C., Omaha, for appellee.

HENDRY, C.J., and WRIGHT, GERRARD, and MILLER-LERMAN, JJ., and IRWIN, Chief Judge.

GERRARD, J.

NATURE OF CASE

Whipps Land & Cattle Company, Inc., and Lyndell W. Whipps and Doris Whipps (collectively Whipps) sued Level 3 Communications, LLC (Level 3), after Level 3 installed underground fiber-optic cable in railroad rights-of-way that abut Whipps' properties in Hitchcock and Dundy Counties. The primary issue presented in this appeal is whether the district court correctly concluded that Whipps had no interest in the Hitchcock County...

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