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PEEVY v. TOWN OF JONESBORO

No. 12153.

286 So.2d 378 (1973)

John P. PEEVY et al., Plaintiffs-Appellees, v. TOWN OF JONESBORO, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied, November 13, 1973.

Writ Refused December 19, 1973.

Attorney(s) appearing for the Case

Emmons & Henry by W. Jackson Emmons, Jonesboro, for defendant-appellant.

Leon H. Whitten, Jonesboro, for plaintiffs-appellees.

Before BOLIN, HALL and WILLIAMS, JJ.

Rehearing Denied, En Banc. November 13, 1973.

WILLIAMS, Judge.

This litigation arose from construction by the Town of Jonesboro of a sewage oxidation pond within the city limits. John P. Peevy and others, appellees, instituted this suit alleging damages to their land located east of the pond resulting from offensive odors emanating therefrom.

The testimony leaves no doubt that from time to time under certain atmospheric conditions offensive odors reach...

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