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ATKINSON v. HERINGTON CATTLE CO., INC.

No. 44,891

200 Kan. 298 (1968)

436 P.2d 816

CECIL ATKINSON AND LOLITA ATKINSON, Appellees, v. THE HERINGTON CATTLE COMPANY, INC., a Corporation, and SWIFT & COMPANY, a Corporation, Appellants.

Supreme Court of Kansas.

Opinion filed January 27, 1968.

Attorney(s) appearing for the Case

Charles S. Arthur, of Manhattan, argued the cause, and Charles D. Green, of Manhattan, was with him on the briefs for the appellant, Herington Cattle Company, Inc.

Elvin D. Perkins, of Emporia, argued the cause, and Everett E. Steerman, and Keith A. Greiner, both of Emporia, were with him on the briefs for the appellant, Swift & Company.

David H. Heilman, of Council Grove, argued the cause and was on the briefs for the appellees.

The opinion of the court was delivered by

KAUL, J.:

This is an action by plaintiffs-appellees for damages for pollution of their dairy farm water supply resulting from a cattle feeding operation of defendants-appellants. For convenience the appellees will be referred to hereafter as Atkinsons and the appellants as Herington and Swift.

In 1961 Herington leased a tract of land, formerly a part of the Herington...

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