PEEK, J.
Plaintiffs sought to recover damages alleged to have been caused by the operation of defendant's cement plant which caused dust and chemicals to be deposited upon their lands. The defendant's answer admitted the operation of the plant, denied the material allegations of the complaint, and alleged as affirmative defenses that (1) the action was barred by the three-year statute of limitations; (2) the present action should be abated because the prior action...
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