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SHANNON v. MISSOURI VALLEY LIMESTONE COMPANY

No. 50887.

122 N.W.2d 278 (1963)

Terry SHANNON, Richard L. Wilson, Carl France, Robert Ahart, For Themselves and Representing Other Resident Property Owners, Taxpayers and Users of the Public Roads of Pottawattamie County, Iowa, Appellees, v. MISSOURI VALLEY LIMESTONE COMPANY, Pottawattamie County Board of Supervisors, et al., Appellants.

Supreme Court of Iowa.

Rehearing Denied September 17, 1963.

Attorney(s) appearing for the Case

Hogzett & Burgett, Oakland, for appellant Missouri Valley Limestone Co.

Peter J. Peters, Pottawattamie County Atty., Council Bluffs, for appellants Pottawattamie County Board of Supervisors and others.

Richard C. Turner, Council Bluffs, for appellees.

THORNTON, Justice.

This is a class action brought by plaintiffs living along Limekiln Hollow Road in Pottawattamie County. The defendants are Missouri Valley Limestone Company, Pottawattamie County Board of Supervisors, and individual contract haulers who haul rock from Missouri Valley Limestone Company's quarry on Limekiln Hollow Road. Plaintiffs brought the case in equity seeking to enjoin defendants from using Limekiln Hollow Road in hauling rock because the dust...

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