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DOUGLAS AIRCRAFT CO. v. KERNS

No. 3500.

164 F.2d 1007 (1947)

DOUGLAS AIRCRAFT CO., Inc., v. KERNS et al.

Circuit Court of Appeals, Tenth Circuit.

November 6, 1947.

Attorney(s) appearing for the Case

Homer Hurt and Robert E. Shelton, both of Oklahoma City, Okl., for appellant.

John Eberle, of Oklahoma City Okl. (Draper Grigsby, of Oklahoma City, Okl., was with him on the brief), for appellees.

Before PHILLIPS, HUXMAN and MURRAH, Circuit Judges.

HUXMAN, Circuit Judge.

The appellees, R. P. Kerns and Virginia Kerns, instituted this action against appellant, The Douglas Aircraft Company, to recover damages for the pollution of a stream during the period from October 13, 1943, to April 17, 1946. In their first cause of action, plaintiffs alleged that the nauseating, offensive, noxious and poisonous condition of the stream, caused by defendant's conduct, interfered with the comfort and enjoyment of plaintiffs...

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