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ABERNATHY v. GOEBEL

Nos. 41158, 41159.

429 P.2d 737 (1967)

C.H. ABERNATHY, Plaintiff in Error, v. B. GOEBEL, Defendant in Error. C.H. ABERNATHY and Aerial Applications, Inc., Plaintiffs in Error, v. B. GOEBEL, Defendant in Error.

Supreme Court of Oklahoma.

Rehearing Denied July 11, 1967.

Attorney(s) appearing for the Case

Pierce, Mock, Duncan, Couch & Hendrickson, by John R. Couch, Oklahoma City, for plaintiff in error, C.H. Abernathy.

Looney, Watts, Looney, Nichols & Johnson, by Clyde J. Watts, Oklahoma City, for plaintiff in error, Aerial Applications, Inc.

Paul W. Reed, Jr., T.H. Ottesen, Sulphur, Sam J. Goodwin, Pauls Valley, for defendant in error.

IRWIN, Vice Chief Justice.

Plaintiffs in error, the defendants below filed separate appeals and the same were docketed No. 41,158 and No. 41,159 in this Court. The two appeals were consolidated for disposition under No. 41,158. Parties will be referred to as they appeared in the trial court.

Plaintiff brought an action to recover damages to his cotton crop allegedly caused by the spraying of chemicals from airplanes...

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