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CARPENTER v. DOUBLE R CATTLE CO., INC.

No. 15283.

701 P.2d 222 (1985)

108 Idaho 602

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, Plaintiff-Appellants, v. The DOUBLE R CATTLE COMPANY, INC.; the Sunnyside Feed Lot Company, Inc.; and the Idaho Feed Lot Company, Inc., Defendant-Respondents.

Supreme Court of Idaho.

May 21, 1985.

Attorney(s) appearing for the Case

Richard B. Eismann, Daniel T. Eismann, and Roderick B. Wood, Homedale, Philip H. Gordon, Council, Kent B. Power, Boise, for appellants.

Robert J. Koontz, now of Evans, Keane, Koontz, Boyd & Ripley, Boise, and Robert M. Tyler, Jr., of Elam, Burke & Boyd, Boise, for respondents.

Andrew Harrington, of Anderson, Kaufman, Anderson & Ringert, Boise, for amicus curiae.

BAKES, Justice.

Plaintiffs appealed a district court judgment based upon a court and jury finding that defendant's feedlot did not constitute a nuisance. The Court of Appeals, 105 Idaho 320, 669 P.2d 643, reversed and remanded for a new trial. On petition for review, we vacate the decision of the Court of Appeals and affirm the judgment of the district court.

Plaintiff appellants are homeowners...

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