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HAWKINS v. WALLACE

384 S.W.2d 507 (1964)

Henderson HAWKINS et al., Appellants, v. Gus O. WALLACE et al., Appellees.

Court of Appeals of Kentucky.

December 4, 1964.

Attorney(s) appearing for the Case

Stephens & Combs, Pikeville, for appellants.

Sanders & Redwine, Pikeville, for appellees.

MONTGOMERY, Judge.

Gus O. Wallace et al. recovered judgment against Henderson Hawkins et al. in the sum of $3,000 as damages suffered from the operation and maintenance of a nuisance. A permanent injunction also was granted. On appeal it is urged that the claim is barred by the statute of limitations and the instructions were prejudicially erroneous.

Appellees sued on August 31, 1959. They complained of the dust...

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