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UNITED VERDE COPPER CO. v. RALSTON

No. 6127.

46 F.2d 1 (1931)

UNITED VERDE COPPER CO. v. RALSTON et ux.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied February 16, 1931.

Attorney(s) appearing for the Case

Anderson & Stack, of Prescott, Ariz., and Chalmers, Fennemore & Nairn, of Phœnix, Ariz., for appellant.

O'Sullivan & Morgan and Louis H. Bunte, all of Prescott, Ariz., for appellees.

Before RUDKIN and WILBUR, Circuit Judges, and NORCROSS, District Judge.

NORCROSS, District Judge.

This is an appeal from a judgment against defendant for damages for loss of crops and for the rental value of certain lands upon which crops were not produced for the years 1926 and 1927, which damages were occasioned by fumes and gases, principally sulphur dioxide (SO2), discharged from defendant's smelter and by air currents and winds carried to and deposited upon the lands of appellees and lands of others who had assigned their claims...

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