McNICHOLS v. J. R. SIMPLOT CO.

No. 7863.

262 P.2d 1012 (1953)

McNICHOLS et ux. v. J. R. SIMPLOT CO. et al.

Supreme Court of Idaho.

Rehearing Denied November 17, 1953.


Attorney(s) appearing for the Case

Black, Black & Oliver, R. Don Bistline, Pocatello, for appellants.

O. R. Baum, Ruby Y. Brown, Darwin D. Brown, Jones, Pomeroy & Jones, Phillips & Haight, Pocatello, for respondents.


GIVENS, Justice.

May 1944 respondents purchased eleven acres and constructed thereon a plant for producing commercial phosphate fertilizer, commencing operation thereof in December of the same year, and enlarging the plant in 1947.

Appellants, in 1940, purchased some three acres of land northeast of respondents' property and separated therefrom by the Union Pacific R. R. Company's east and west main line, and the State Highway; remodeled a residence thereon...

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