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FLIPPIN v. McCABE

No. 5-1438.

308 S.W.2d 824 (1958)

Vernon D. FLIPPIN et al., Appellants, v. T. J. McCABE et al. Appellees.

Supreme Court of Arkansas.

January 13, 1958.

Attorney(s) appearing for the Case

H. J. Denton and Jennie F. Pond, Cotter, for appellant.

Thomas B. Tinnon, Mountain Home, for appellee.

MILLWEE, Justice.

Appellants filed this suit on February 4, 1957, to abate a private nuisance allegedly resulting from the operation of a battery of four charcoal kilns by appellees near the town of Cotter, Arkansas. On February 5, 1957, appellees filed a motion for continuance of a hearing on appellants' motion for a temporary restraining order which had been originally set for February 7, 1957, and said hearing was continued...

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