BOOTH v. GARAN, INCORPORATED

No. 72-2975.

476 F.2d 591 (1973)

Dr. William BOOTH, Plaintiff-Appellant, v. GARAN, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 6, 1973.


Attorney(s) appearing for the Case

William Liston, Winona, Miss., Harvey T. Ross, Clarksdale, Miss., James E. Upshaw, James Y. Dale, Greenwood, Miss., for plaintiff-appellant.

Hassell H. Whitworth, Jackson, Miss., for defendant-appellee.

Before BELL, INGRAHAM and RONEY, Circuit Judges.


PER CURIAM:

Plaintiff brought this Mississippi diversity action in nuisance against a manufacturer who dumped allegedly harmful chemical wastes into a ditch adjoining plaintiff's property. Plaintiff contended that the odors and vapors created by defendant's effluent discharges injured his respiratory and ventilatory systems, but the jury found for the defendant on the ground that the discharges were not harmful. On appeal, plaintiff argues, first, that the District...

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