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DUTTON v. ROCKY MOUNTAIN PHOSPHATE, INC.

No. 11540.

450 P.2d 672 (1969)

David DUTTON et al., Plaintiffs and Appellants, v. ROCKY MOUNTAIN PHOSPHATE, INC., Defendant and Respondent. Edward MOLLENBERG et ux., Plaintiffs and Appellants, v. ROCKY MOUNTAIN PHOSPHATE, INC., Defendant and Respondent.

Supreme Court of Montana.

Decided February 14, 1969.

Attorney(s) appearing for the Case

Boone & Karlberg, Missoula, Karl R. Karlberg (argued), Missoula, Alfred F. Dougherty (argued), Helena, for appellants.

Knight, Dahood & Mackay, Anaconda, Malcolm MacCalman (argued), Deer Lodge, for respondent.

CASTLES, Justice.

This is an appeal from a judgment permanently enjoining Rocky Mountain Phosphates, Inc. from emission of fluorides in excessive quantities and beyond safe limits into the atmosphere at its plant in Garrison, Montana. The appeal is by the plaintiffs, arguing essentially that the injunction did not go far enough; that is, that the phosphate plant should have been enjoined from operating forever rather than just be enjoined from emitting fluorides in...

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