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RUSH v. CONCRETE MATERIALS & CONSTRUCTION CO.

No. 38,443

172 Kan. 70 (1951)

238 P.2d 704

JESSIE RUSH, ERNEST C. MORAN, ISAAC F. CHICK, STANLEY GRAHAM, NANCY E. BERTOLEIT, FLOYD FEGER, BERT GRIFFITH and JOE MARKLEY, Appellees, v. CONCRETE MATERIALS AND CONSTRUCTION COMPANY, a corporation; WINFIELD STONE COMPANY, a corporation; ELZA MOWBRY; DAN JOHNSON and W.O. HOMER, Appellants.

Supreme Court of Kansas.

Opinion filed December 8, 1951.

Attorney(s) appearing for the Case

Harry O. Janicke, of Winfield, argued the cause, and Laurence M. Turner, of Moline, and J.A. Herlocker, of Winfield, were with him on the briefs for the appellants.

Stewart S. Bloss, of Winfield, argued the cause, and W.L. Cunningham, D. Arthur Walker, William E. Cunningham and William R. Howard, all of Arkansas City, were with him on the briefs for the appellees.

The opinion of the court was delivered by

THIELE, J.:

Plaintiffs instituted this action to enjoin the maintenance of an alleged nuisance. The defendants' demurrer to the petition was overruled and they have appealed.

The petition contained twenty-five numbered paragraphs and attached to it was a copy of a long and detailed lease. No attempt will be made to abstract all of the allegations of the petition, our statement thereof being deemed sufficient...

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