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PIONEER CHEMICAL v. CITY OF NORTH PLATTE

No. A-02-854.

685 N.W.2d 505 (2004)

12 Neb.App. 720

PIONEER CHEMICAL COMPANY, a Nebraska corporation, appellant, v. CITY OF NORTH PLATTE, a municipal corporation of the State of Nebraska, and Union Pacific Railroad Company, appellees.

Court of Appeals of Nebraska.

August 17, 2004.

Attorney(s) appearing for the Case

George G. Vinton, North Platte, for appellant.

Douglas L. Stack for appellee City of North Platte.

Stephen W. Kay, of Kay & Kay, North Platte, for appellee Union Pacific Railroad Company.

IRWIN, Chief Judge, and SIEVERS and CARLSON, Judges.

IRWIN, Chief Judge.

I. INTRODUCTION

Pioneer Chemical Company (Pioneer) appeals from the district court's order overruling Pioneer's motion for summary judgment against Union Pacific Railroad Company (UPRR) and granting UPRR's motion for summary judgment against Pioneer. Pioneer brought this action in the district court to appeal an award by court-appointed appraisers in an action condemning property interests associated with the construction of a viaduct...

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