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WM. G. ROE & COMPANY v. ARMOUR & COMPANY

No. 22721.

370 F.2d 829 (1967)

WM. G. ROE & COMPANY, Appellant, v. ARMOUR & COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Petition for Clarification or Rehearing Denied March 7, 1967.

Attorney(s) appearing for the Case

J. A. McClain, Jr., Tampa, Fla., J. Hal Connor and Summerlin & Connor, Winter Haven, Fla., and McClain, Thompson, Turbiville, White & Davis, Tampa, Fla., for appellant.

Wm. Reece Smith, Jr., Carlton, Fields, Ward and Emmanuel, Smith & Cutler, Tampa, Fla., for appellee.

Before GEWIN and GOLDBERG, Circuit Judges, and SPEARS, District Judge.

GEWIN, Circuit Judge.

In this diversity case the appellant, William G. Roe & Company (Roe), sued Armour & Company (Armour) claiming that the emission of fluorine gas from the phosphate plant complex of Armour resulted in decreased production of its citrus fruit crop during the year 1963-64 in Roe's nearby orange grove. Armour contended that the damage resulted from a severe freeze which occurred during December 1962. The grove contained approximately 270 acres...

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