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COWAN v. SCHMIDLE

No. 92-564.

848 S.W.2d 421 (1993)

312 Ark. 256

Gerold COWAN and Bonnie Cowan, Appellants, v. Gus SCHMIDLE and Martha Schmidle, Appellees.

Supreme Court of Arkansas.

March 8, 1993.

Attorney(s) appearing for the Case

David Hodges, John Patterson, Little Rock, for appellants.

Robert F. Meurer, Searcy, for appellees.

NEWBERN, Justice.

The appellees, Gus and Martha Schmidle, alleged their neighbors, the appellants Gerold and Bonnie Cowan, allowed their holding pond for chicken litter to overflow causing harm to the Schmidles' property. The Cowans filed a number of defensive motions, such as for dismissal pursuant to Ark.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief could be granted and for summary judgment on the Schmidles' compensatory and punitive damages claims...

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