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RUST v. GUINN

No. 1-381A81.

429 N.E.2d 299 (1981)

David RUST, Rose Acre Farms, Inc., Lookacres, Inc., and Eggacres, Inc., Defendants-Appellants, v. Hubert GUINN, Jr. and Margaret Suzanne Guinn, Plaintiffs-Appellees.

Court of Appeals of Indiana, First District.

Rehearing Denied February 10, 1982.

Attorney(s) appearing for the Case

Roger L. Pardieck, Steven K. Robison, Montgomery, Elsner & Pardieck, Seymour, Bunger, Harrell & Robertson, Bloomington, Sharpnack, Bigley, David & Rumple, Columbus, for defendants-appellants.

James S. Kowalik, Hopper & Opperman, Sally O'Connor, Indianapolis, James R. Regester, Bloomington, for plaintiffs-appellees.

NEAL, Presiding Judge.

STATEMENT OF THE CASE

This is an action for abatement of a nuisance and damages brought by Hubert Guinn, Jr. and Margaret Suzanne Guinn (Guinns) against David Rust, Rose Acre Farms, Inc., Lookacres, Inc., and Eggacres, Inc. (hereinafter collectively referred to as Eggacres when appropriate). Upon Eggacres' motion, the trial was bifurcated. Following a bench trial, the trial court ruled that a private nuisance existed and that such...

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