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BROYDE v. GOTHAM TOWER, INC.

No. 92-2395.

13 F.3d 994 (1994)

Beryl BROYDE; Mirel Broyde; David Cohen; Judith Cohen; Nathan Cohen; Milton Duchan; Marion Duchan; Philip D. Haack; Diane Hochberg; Icek Kuperman; Helen Kuperman; Jerry J. Novetsky; Elliot Shoenig; Sarah Shoenig; Sharon K. Teasley; Robert L. Tilden; Samuel Tron; and Doris Tron, Plaintiffs-Appellants, v. GOTHAM TOWER, INC.; Bell Broadcasting Company; Hoker Broadcasting, Inc.; Marlin Broadcasting Company; and Viacom International, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided January 14, 1994.

Attorney(s) appearing for the Case

Donnelly W. Hadden, Ann Arbor, MI (argued and briefed), Mark A. Richardson, Troy, MI (briefed), for plaintiffs-appellants.

Kenneth B. Morgan (briefed), Bruce S. Kahn, Seyburn, Kahn, Ginn, Bess & Howard, Southfield, MI, for Gotham Tower, Inc.

Stewart L. Mandell, Kathleen McCree Lewis, Dykema & Gossett, Detroit, MI, Mark H. Sutton, Dykema, Gossett, Spencer, Goodnow & Trigg, Bloomfield Hills, MI (argued and briefed), for Bell Broadcasting Co., and Marlin Broadcasting Co.

Herschel P. Fink, Honigman, Miller, Schwartz & Cohn, Detroit, MI (briefed), for Viacom Intern., Inc.

Before: MARTIN and BOGGS, Circuit Judges; and HULL, District Judge.

BOYCE F. MARTIN, Jr., Circuit Judge.

In this action predicated on common law nuisance, the plaintiffs, all residents of Oak Park, Michigan, allege that the defendants' radio signals interfere with the operation of home electronic equipment, thereby disrupting the plaintiffs' use and enjoyment of their property. Plaintiffs now appeal from an order of the district court dismissing their complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state...

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