MILLER v. CARNATION COMPANY

No. 72-381.

516 P.2d 661 (1973)

H. J. MILLER and Sondra Miller, Plaintiffs-Appellants, v. CARNATION COMPANY, a Delaware corporation, and Albers Milling Company, a Delaware corporation, a division thereof, d/b/a Brighton Egg Company, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

Rehearing Denied October 24, 1973.

Certiorari Denied December 24, 1973.


Attorney(s) appearing for the Case

Kripke, Carrigan & Dufty, P. C., Douglas E. Bragg, Denver, for plaintiffs-appellants.

Davis, Graham & Stubbs, Robert H. Harry, John F. Welborn, Denver, for defendants-appellees.


Selected for Official Publication.

SMITH, Judge.

Plaintiffs brought this suit in the district court of Adams County seeking injunctive relief, compensatory damages and exemplary damages for defendants' management of a chicken farm which plaintiffs allege constitutes a nuisance, depriving plaintiffs of use and enjoyment of their property, and a trespass on that property. Plaintiffs appeal from the district court order granting defendants' motion to dismiss...

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