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SMEJKAL v. EMPIRE LITE-ROCK, INC.

547 P.2d 1363 (1976)

James A. SMEJKAL, Appellant, v. EMPIRE LITE-ROCK, INC., an Oregon Corporation, and Allied Equities Corporation, a Nevada Corporation, dba Empire Building Company, Respondents.

Supreme Court of Oregon.

Decided April 2, 1976.

Attorney(s) appearing for the Case

Gary D. Rossi, Coos Bay, argued the cause and filed briefs for appellant.

William L. Hallmark, Portland, argued the cause for respondents. With him on the brief were Jones, Lang, Klein, Wolf & Smith and Frederic A. Yerke, Miller, Anderson, Nash, Yerke & Wiener, Portland.

Before McALLISTER, P.J., and HOLMAN, TONGUE, HOWELL and BRYSON, JJ.

McALLISTER, Justice.

Plaintiff, James A. Smejkal, brought this action for alleged injury to his real property and growing timber thereon caused by air contaminants and emissions emanating from defendants' nearby rock processing plant. Smejkal alleged that the emissions from defendants' plant exceeded permissible safe levels of pollution established by the Columbia-Willamette Air Pollution Authority. Smejkal had owned his land since July 1, 1964.

Defendant...

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