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FIELDS v. BLUE STEM FEED YARDS

No. 43,411

195 Kan. 167 (1965)

403 P.2d 796

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

Supreme Court of Kansas.

Opinion filed July 10, 1965.

Attorney(s) appearing for the Case

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, Richard W. Stavely, Charles S. Lindberg and Edward H. Graham, all of the Wichita, were with them on the briefs for the appellant.

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

The opinion of the court was delivered by

HATCHER, C.:

This is an appeal from a judgment in a civil action brought by the plaintiffs, Dale and Helen Fields, husband and wife, against the defendants, Blue Stem Feed Yards, Inc., Anderson Cattle Company, Inc. and Cattlemen's Feed Lots, Inc.

The action sought the recovery of permanent damages for the depreciation in value of plaintiffs' home caused by the operation of the defendants' livestock feed lots...

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