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HOFSTETTER v. MYERS, INC.

No. 38,046

170 Kan. 564 (1951)

228 P.2d 522

A.A. HOFSTETTER and DOSSIE HOFSTETTER, his wife; HARVEY HOFSTETTER and EVELYN HOFSTETTER, his wife; ALBERT W. HAYES and ALICE L. HAYES, his wife; WESLEY BALLINGER and GEORGIE BALLINGER, his wife, and FRANK DEMO and THERESA DEMO, his wife, Appellees, v. GEORGE M. MYERS, INC., A Kansas Corporation, Appellant.

Supreme Court of Kansas.

Opinion filed March 10, 1951.

Attorney(s) appearing for the Case

Gale Moss, of El Dorado, argued the cause, and was on the briefs for the appellant.

L.J. Bond and Robert M. Bond, both of El Dorado, argued the cause, and were on the briefs for the appellees.

The opinion of the court was delivered by

PRICE, J.:

This is an appeal from a judgment of the lower court granting a permanent injunction enjoining the defendant from operating a portable hot asphalt mixing plant under certain conditions, hereinafter set forth.

Plaintiffs are homeowners and have resided for a number of years in a residential area a little northeast of the city of El Dorado. In June, 1948, the defendant set up and put into operation...

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