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IN RE PETITION OF OMAHA PUBLIC POWER DIST.

No. S-02-899.

680 N.W.2d 128 (2004)

268 Neb. 43

In re PETITION OF OMAHA PUBLIC POWER DISTRICT. Omaha Public Power District, a public corporation, appellee, v. Tract No. 1 et al., appellants.

Supreme Court of Nebraska.

May 28, 2004.

Attorney(s) appearing for the Case

William G. Dittrick, Omaha, of Baird, Holm, McEachen, Pedersen, Hamann & Strasheim, and J. Patrick Green for appellants.

Roger L. Shiffermiller and Timothy J. Thalken, of Fraser, Stryker, Meusey, Olson, Boyer & Bloch, P.C., Omaha, for appellee.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

McCORMACK, J.

I. NATURE OF CASE

Duane J. Dowd, Frances D. Dowd, Frank W. Bemis, Connie B. Bemis, and Roberta F. Bemis, condemnees in a condemnation action brought by the Omaha Public Power District (OPPD), appeal an order denying their motion for new trial following a jury verdict awarding damages in their favor. Condemnees allege that the district court for Sarpy County communicated with the jury after it retired to deliberate, that the jury awarded inadequate...

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