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E. RAUH & SONS FERTILIZER CO. v. SHREFFLER

No. 9497.

139 F.2d 38 (1943)

E. RAUH & SONS FERTILIZER CO. v. SHREFFLER.

Circuit Court of Appeals, Sixth Circuit.

December 1, 1943.

Attorney(s) appearing for the Case

Walter A. Eversman, of Toledo, Ohio, and Gustav H. Dongus, of Indianapolis, Ind. (Williams, Eversman & Morgan and Walter A. Eversman, all of Toledo, Ohio, and Gustav H. Dongus, of Indianapolis, Ind., on the brief), for appellant.

Wayne R. Peppers, of Toledo, Ohio (Holloway, Peppers & Romanoff, Louis R. Romanoff, and Wayne R. Peppers, all of Toledo, Ohio, on the brief), for appellee.

Before HICKS, SIMONS, and McALLISTER, Circuit Judges.

SIMONS, Circuit Judge.

Removed from the state court because of diversity of citizenship and tried to a jury, the cause resulted in a judgment for the appellee for damages to his growing plants proximately resulting from injurious gases generated by the fertilizer plant of the appellant. The judgment is assailed upon the ground that it was not supported by substantial evidence, and that the cause was submitted to the jury upon an erroneous view of the law of nuisance...

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