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SHERK v. INDIANA WASTE SYSTEMS, INC.

No. 4-1285A362.

495 N.E.2d 815 (1986)

Dale J. SHERK, Appellant (Plaintiff below), v. INDIANA WASTE SYSTEMS, INC., and Prairie View Farms, Inc., Appellees (Defendants below).

Court of Appeals of Indiana, Fourth District.

Rehearing Denied September 5, 1986.

Attorney(s) appearing for the Case

David M. McTigue, Voor Allen Fedder Herendeen & Kowals, South Bend, for appellant.

James F. Groves, South Bend, for appellees.

CONOVER, Judge.

Plaintiff-Appellant Dale J. Sherk (Sherk) appeals a negative judgment in his nuisance action against Defendants-Appellees Indiana Waste Systems, Inc. (IWS) and Prairie View Farms, Inc.

We reverse.

ISSUES

Sherk presents three issues for review. Because we reverse we consider only two issues. Restated, they are

1. whether the trial court erred in finding IWS and Prairie View were not responsible for noise generated by...

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