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MARR v. FALLS CITY STONE COMPANY

353 S.W.2d 390 (1962)

Denver Clay MARR et al., Appellants, v. FALLS CITY STONE COMPANY, Appellee. SILLIMAN, Appellant, v. FALLS CITY STONE COMPANY, Appellee. Denver Clay MARR et al., Appellants, v. DERBY CONSTRUCTION COMPANY, Inc., Appellee.

Court of Appeals of Kentucky.

January 26, 1962.

Attorney(s) appearing for the Case

J. W. Jones, Louisville, for appellants.

B. L. Shamburger, Louisville, for appellee.

CLAY, Commissioner.

These consolidated appeals present a procedural nightmare. The ultimate aim of the appellant plaintiffs is to try on the merits a damage suit against the Derby Construction Company, formerly the Falls City Stone Company.

In 1955 the three plaintiffs brought suit against the R. B. Tyler Company and the Falls City Stone Company, alleging they were jointly maintaining a nuisance. In 1957 plaintiffs amended their complaints and alleged separate...

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