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SCHEXNAYDER v. BUNGE CORPORATION

No. 73-3311.

508 F.2d 1069 (1975)

Mrs. John S. SCHEXNAYDER, on behalf of herself and all others similarly situated, plaintiffs, et al., Plaintiffs-Appellants. v. BUNGE CORPORATION et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 28, 1975.

Attorney(s) appearing for the Case

Thomas E. Johnson, John H. Hammel, Jr., Richard A. Hammel, New Orleans, La., for Mrs. Schexnayder.

Patsy Jo McDowell, Arthur Cobb, Baton Rouge, La., for Denham and others.

James H. Drury, New Orleans, La., for Archer and others.

W. K. Christovich, R. K. Christovich, Charles W. Lane, III, New Orleans, La., for Bunge Co. and others.

Before RIVES, WISDOM and COLEMAN, Circuit Judges.

WISDOM, Circuit Judge:

In this Erie-bound diversity suit, tried to a jury, the plaintiffs-appellants are members of eighteen, of the 225 families living in the Gabriel Heights subdivision in Destrehan, Louisiana. The subdivision is bounded by the Bunge grain elevator, built in 1960, the St. Charles grain elevator, built in 1964, railroad tracts, and the Mississippi River. The area is industrialized, and the grain elevators violate no zoning regulations. In September...

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