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FIELDS v. ANDERSON CATTLE CO.

No. 43,293

193 Kan. 558 (1964)

396 P.2d 276

DALE FIELDS and MRS. DALE FIELDS (Mrs. Helen A. Fields), Appellants, v. ANDERSON CATTLE COMPANY, INC., a corporation, BLUE STEM FEED YARDS, INC., a corporation, CATTLEMEN'S FEED LOTS, INC., a corporation, Appellees.

Supreme Court of Kansas.

Opinion filed November 7, 1964.

Attorney(s) appearing for the Case

Frank C. Sabatini, of Topeka, argued the cause, and O.B. Eidson, Philip H. Lewis, James W. Porter, Charles S. Fisher, Peter Caldwell, William G. Haynes and Roscoe E. Long, all of Topeka, and George L. Allred, of Emporia, were with him on the briefs for the appellants.

Glenn D. Young, Jr., of Wichita, and Russ B. Anderson, of Emporia, argued the cause, and W.F. Lilleston, George C. Spradling, Henry V. Gott, George Stallwitz, Ralph M. Hope, Ronald M. Gott and Edward H. Graham, all of Wichita, were with them on the briefs for the appellees.

The opinion of the court was delivered by

HATCHER, C.:

This was an action to recover permanent damages for injury to real estate resulting from the operation of livestock feed lots as a continuing nuisance, and for a permanent injunction enjoining the further operation of the feed lots as a nuisance.

The pertinent facts necessary to a determination of the limited issues on appeal may be briefly summarized.

The plaintiffs, husband and wife,...

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