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DILL v. EXCEL PACKING CO.

No. 40,824

183 Kan. 513 (1958)

331 P.2d 539

EARL W. DILL, CARL E. FORBES, IRWIN LANGHOVER, R.C. SCOTT, ORRIS R. IRELAND, FRANK F. RAWLEY, and A.P. WRIGHT, Appellees, v. EXCEL PACKING COMPANY, INC., and DON KUTILECK, Appellants.

Supreme Court of Kansas.

Opinion filed November 8, 1958.

Attorney(s) appearing for the Case

Emmet A. Blaes, of Wichita, argued the cause, and W.D. Jochems, J. Wirth Sargent, Roetzel Jochems, Robert G. Braden, J. Francis Hesse, James W. Sargent, Stanley E. Wisdom, Vincent L. Bogart, Cecil E. Merkel, John W. Brimer and Harry L. Hobson, all of Wichita, were with him on the briefs for appellants.

H.W. Goodwin, of Wichita, argued the cause, and Guy L. Goodwin, of Wichita, was with him on the briefs for appellees.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an action by various suburban property owners (plaintiffs-appellees) to enjoin the operation and maintenance of a cattle feed lot in the immediate neighborhood of their homes on the ground that such operation constitutes a nuisance. From a judgment of the lower court which permanently restrained and enjoined the appellants (defendants) from the operation of their cattle feed lot appeal was duly...

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