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156 Neb. 189

Bussell v. McClellan

Nebraska Supreme Court

Decided November 21, 1952

Nebraska Supreme Court · decided 1952-11-21

Cited by 4 later decisions — most recently June 1955

4 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1952-11-21

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Yeager, J.

¶1The following is substituted for the last paragraph of the opinion which was adopted in this case and with this substitution the motion for rehearing is denied:

¶2The decree is reversed and the cause remanded with directions to the district court to render a decree in favor of plaintiffs and against the defendants enjoining the defendants from collecting and combining the surface waters on their respective lands and as combined discharging them upon the lands of plaintiffs, and from continuing and maintaining the works above the Malottke land the effect of which is to allow the combination of waters above with those on the land of the defendant Malottke and as thus combined to be carried onto the lands of plaintiffs.

¶3Opinion modified. Motion

¶4FOR REHEARING DENIED.

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