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MOSBY v. MANHATTAN OIL CO.

No. 9052.

52 F.2d 364 (1931)

MOSBY v. MANHATTAN OIL CO.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied October 2, 1931.

Attorney(s) appearing for the Case

Byron Spencer, of Kansas City, Mo. (H. M. Langworthy, Frank H. Terrell, Scott W. Bovey and Robert G. Merrick, all of Kansas City, Mo., on the brief), for appellant.

Henry L. Jost, of Kansas City, Mo., for appellees.

H. H. Booth, of Kansas City, Mo., for appellees Manhattan Oil Co. and Phillips Petroleum Co.

R. E. Cullison and C. C. Julien, both of Bartlesville, Okl., for appellee Empire Gas & Fuel Co.

Before KENYON and BOOTH, Circuit Judges.

BOOTH, Circuit Judge.

This is an appeal from a judgment in favor of defendants after demurrers to plaintiff's evidence had been sustained and verdict had been directed in favor of defendants.

The action was one for damages claimed to have resulted from a nuisance alleged to have been created and maintained by defendants.

The second amended complaint alleged the following facts in substance: Plaintiff is the owner of a large ranch in Greenwood county...

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