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ALUMINUM COMPANY OF AMERICA v. LOVEDAY

No. 13782.

273 F.2d 499 (1959)

ALUMINUM COMPANY OF AMERICA, Appellant, v. Sam H. LOVEDAY et al., Appellees.

United States Court of Appeals Sixth Circuit.

December 31, 1959.

Attorney(s) appearing for the Case

R. R. Kramer, Knoxville, Tenn., John H. Morgan, Frank L. Seamans and William H. Eckert, Pittsburgh, Pa., Gaines A. Tyler, Jr., R. Arnold Kramer, Knoxville, Tenn., on brief, for appellant.

John P. Davis, Jr., Knoxville, Tenn., Fred H. Henry, Maryville, Tenn., Richard L. Carson and J. H. Doughty, of Hodges, Doughty & Carson, Knoxville, Tenn., on brief, for appellees.

Before McALLISTER, Chief Judge, and MARTIN and WEICK, Circuit Judges.

PER CURIAM.

In this protracted litigation in the Eastern District of Tennessee, the trial judge granted the motions for new trial of certain plaintiffs whose cattle had been injured and whose property had been damaged from injurious gases sent forth from the plant of appellant, Aluminum Company of America. The correctness of the action of the trial judge is challenged by direct appeal and, in the alternative, by petition for writ of certiorari.

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