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McCLUNG v. LOUISVILLE & N. R. CO.

6 Div. 90.

51 So.2d 371 (1951)

McCLUNG et al. v. LOUISVILLE & N. R. CO. et al.

Supreme Court of Alabama.

March 15, 1951.

Attorney(s) appearing for the Case

Jackson, Rives & Pettus, Birmingham, for appellants.

Chas. H. Eyster, Decatur, Gibson & Gibson and Thos. F. McDowell, Birmingham, for appellees.

FOSTER, Justice.

This is an appeal from a final decree denying relief to complainants and dismissing their bill. The bill sought an abatement of certain operations which are claimed to constitute a nuisance. Complainants, appellants here, have homes situated on Lanark Road in Birmingham, on the southern slope of Red Mountain overlooking English Village, also called Hedona.

About fifty years before complainants filed...

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