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INDIAN TERRITORY ILLUMINATING OIL CO. v. TOWNLEY

No. 1302.

81 F.2d 159 (1935)

INDIAN TERRITORY ILLUMINATING OIL CO. v. TOWNLEY.

Circuit Court of Appeals, Tenth Circuit.

December 20, 1935.

Attorney(s) appearing for the Case

Harry D. Turner, of Oklahoma City, Okl. (J. H. Miley and Charles E. France, both of Oklahoma City, Okl., on the brief), for appellant.

William J. Crowe, of Oklahoma City, Okl. (James S. Twyford and Solon W. Smith, both of Oklahoma City, Okl., on the brief), for appellee.

Before LEWIS, PHILLIPS, and BRATTON, Circuit Judges.

PHILLIPS, Circuit Judge.

Townley brought this action to recover damages alleged to have been sustained as a result of the pollution by the Indian Territory Illuminating Company, of a small stream of water that flowed along the eastern boundary of his dairy farm.

From a verdict and judgment for Townley in the sum of $3985.50, the Oil Company has appealed.

Among the items of damages set up in the complaint were these:

  "Loss of milk production...

                    
                    
                    

                        

                            

                                
                            

                            

                                

                                    
    
                                        
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