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

No. 26208.

414 F.2d 862 (1969)

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

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 25, 1969.

Attorney(s) appearing for the Case

J. Hal Connor, Winter Haven, Fla.; J. A. McClain, Jr., Tampa, Fla., Summerlin, Connor & Threadgill, Winter Haven, Fla., McClain & Turbiville, Tampa, Fla., for Wm. G. Roe & Co.

William Reece Smith, Jr., Carlton, Fields, Ward, Emmanuel, Smith & Cutler, Tampa, Fla., for Armour & Company.

Before THORNBERRY and DYER, Circuit Judges, and KEADY, District Judge.

THORNBERRY, Circuit Judge:

This Florida diversity case is before this Court for the second time. The suit originated in 1963 when William G. Roe & Company (Roe) sued Armour & Company (Armour) claiming that the emission of fluorine gas from Armour's phosphate plant resulted in the decreased production of the citrus crop in Roe's nearby orange grove during the 1963-1964 season. After a non-jury trial, the district court entered its findings of fact and conclusions...

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