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MINERALS & CHEMICALS PHILIPP CORPORATION v. MILWHITE CO.

No. 27124.

414 F.2d 428 (1969)

MINERALS & CHEMICALS PHILIPP CORPORATION, Plaintiff-Appellee-Cross-Appellant, v. The MILWHITE CO., Inc., Defendant-Appellant-Cross-Appellee.

United States Court of Appeals Fifth Circuit.

August 5, 1969.

Attorney(s) appearing for the Case

Carl R. Pennington, Jr., Wilfred C. Varn, Ervin, Pennington, Varn & Jacobs, Tallahassee, Fla., for appellant.

Charles S. Ausley, Harry L. Michaels, Ausley, Ausley, McMullen, Michaels, McGehee & Carothers, Tallahassee, Fla., Richard J. Gardner, Quincy, Fla., for appellee.

Before BELL and GOLDBERG, Circuit Judges, and ATKINS, District Judge.

ATKINS, District Judge:

It is contrary to human experience for a landowner to sit idly by and watch an adjacent landowner innocently trespass and mine some 50,000 tons of clay over a period of more than a year. The legal consequences of such behaviour are resolved by this opinion.

The Milwhite Company, the innocent trespasser, appeals from a remittitur-reduced jury verdict in favor of Minerals & Chemicals Philipp Corporation, the landowner whose clay was...

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