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PHILLIPS PETROLEUM CO. v. HARDEE

No. 13370.

189 F.2d 205 (1951)

PHILLIPS PETROLEUM CO. et al. v. HARDEE et al.

United States Court of Appeals Fifth Circuit.

May 22, 1951.

Attorney(s) appearing for the Case

John A. Hickman, Thos. F. Porter, Lake Charles, La., Charles F. Bailey, Lafayette, La., Ben C. Dawkins, Jr., Shreveport, La., for appellants.

Stuart S. Kay, DeRidder, La., for appellees.

Before HUTCHESON, Chief Judge, and HOLMES and BORAH, Circuit Judges.

HUTCHESON, Chief Judge.

The suit, brought by rice farmers against four oil companies operating producing wells and one pipe line company in the vicinity of plaintiffs' lands, was for damages to plaintiffs' crops and land resulting from the pollution and contamination of the waters of Hickory Creek which were used by them for irrigation.

The claim in general was: that in July, 1948, Hickory Creek, which is normally

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