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CARPENTER v. DOUBLE R CATTLE CO., INC.

No. 13750.

669 P.2d 643 (1983)

105 Idaho 320

Adrian CARPENTER and Ruth Carpenter, husband and wife; John Eisenbarth and Violet Eisenbarth, husband and wife; J. Keith Jones and Patricia Jones, husband and wife; Kenneth F. Skow and Margie Skow, husband and wife; Duane Wiggins and Rosemary Wiggins, husband and wife; Gary Lewallen and Carol Lewallen, husband and wife, Plaintiffs-Appellants, v. The DOUBLE R CATTLE COMPANY, INC., the Sunnyside Feed Lot Company, Inc., and the Idaho Feed Lot Company, Inc., Defendants-Respondents.

Court of Appeals of Idaho.

Petition for Review Granted November 10, 1983.

Attorney(s) appearing for the Case

Daniel T. Eismann, Eismann Law Offices, Homedale, for plaintiffs-appellants.

Robert M. Tyler, Jr., Elam, Burke, Evans, Boyd & Koontz, Boise, for defendants-respondents.

Andrew Harrington, Anderson, Kaufman, Ringert & Clark, Boise, for Amicus Curiae, Food Producers of Idaho, Inc., and Western States Meat Ass'n, on rehearing.

ON REHEARING

This opinion supersedes the Court's prior opinion issued on August 31, 1982, which is withdrawn.

BURNETT, Judge.

Dean William Prosser once observed, "There is perhaps no more impenetrable jungle in the entire law than that which surrounds the word `nuisance'." W. PROSSER, HANDBOOK OF THE LAW OF TORTS, § 86, at 571 (4th ed. 1971). Today we review a case that has thrust us into the jungle of nuisance law. We are asked to define...

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