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LLOYD A. FRY ROOF. CO. v. CITY OF MPLS.

No. 76-1637.

551 F.2d 200 (1977)

LLOYD A. FRY ROOFING COMPANY, Appellant, v. CITY OF MINNEAPOLIS, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 10, 1977.

Attorney(s) appearing for the Case

Bert M. Gross, Minneapolis, Minn., on brief, for appellant.

Edward R. Kenneally, Minneapolis, Minn., for appellee; Walter J. Duffy, Jr., Minneapolis, Minn., on brief.

Before GIBSON, Chief Judge, CLARK, Associate Justice, Retired, and HEANEY, Circuit Judge.

PER CURIAM.

The parties to this diversity action, Lloyd A. Fry Roofing Company and the City of Minneapolis, have crossed swords intermittently in federal court since early 1969 over the application of a municipal ordinance to Fry's Minneapolis asphalt roofing material plant. In March, 1969, the City filed suit in Minnesota state court to enjoin Fry's Minneapolis plant from emitting obnoxious odors and particles into the air in violation of the City's ordinance regulating...

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