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SPENCER CREEK POL. CON. ASS'N v. ORGANIC FERTILIZER CO.

505 P.2d 919 (1973)

SPENCER CREEK POLLUTION CONTROL ASSOCIATION ET AL., Respondents, v. ORGANIC FERTILIZER Co., an Oregon Corporation, Appellant.

Supreme Court of Oregon, In Banc.

Decided February 1, 1973.

Attorney(s) appearing for the Case

Lawrence O. Gildea, Eugene, argued the cause for appellant. With him on the briefs were Gildea, Speer & McGavic, P.C., Eugene.

Edward R. Fechtel, Eugene, argued the cause for respondents. With him on the brief were Husband, Johnson & Frye, Eugene.

O'CONNELL, Chief Justice.

This is a suit in equity brought by the Spencer Creek Pollution Control Association to enjoin defendants, who operate a cattle feedlot, from interfering with the use and enjoyment of the plaintiffs' properties and to recover damages. Defendant appeals from a decree in favor of plaintiffs.

The members of the Association are owners of real property in the general vicinity of the feedlot operation on the outskirts of Eugene, Oregon....

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