SPANBAUER v. J.R. SIMPLOT CO.

No. 14705.

685 P.2d 271 (1984)

107 Idaho 42

John SPANBAUER and Marie Spanbauer, husband and wife, Plaintiff-respondents and Cross Appellants, v. J.R. SIMPLOT COMPANY, a foreign corporation; Food, Machinery & Chemical Corporation, aka F.M.C. Corporation, a foreign corporation; John Doe, Jane Doe, John Smith and Jane Smith, Fictitious individuals; and John Doe Corporation and Jane Doe Corporation, fictitious foreign corporations, Defendant-appellants and Cross Respondents.

Supreme Court of Idaho.

Rehearing Denied August 23, 1984.


Attorney(s) appearing for the Case

Wesley F. Merrill, of Merrill & Merrill, Pocatello, for defendant-appellant and cross-respondent J.R. Simplot Company.

Louis F. Racine, Jr., of Racine, Olson, Nye, Cooper & Budge, Pocatello, for defendant-appellant and cross-respondent FMC Corp.

R. Max Whittier, of Whittier & Souza, Pocatello, for plaintiffs-respondents and cross-appellants Spanbauers.


BAKES, Justice.

This action was commenced to recover for injury to respondent Spanbauer's real property, and to a cow/calf operation conducted on the property, allegedly caused by the emission of fluorides from the appellants' phosphate plants. Appellants Simplot and FMC appeal from a judgment based on a jury verdict in favor of Spanbauer which granted $95,545 on the injury to property count, and Spanbauer cross appeals from the trial court's grant of a judgment n...

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