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MITCHELL v. GOLDEN POULTRY, INC.

No. 2980008.

729 So.2d 873 (1999)

Emerald MITCHELL et al. v. GOLDEN POULTRY, INC.

Court of Civil Appeals of Alabama.

February 19, 1999.

Attorney(s) appearing for the Case

Ralph M. Young and Melissa A. Moreau of Gonce, Young, Sibley & Moreau, Florence, for appellants.

Robert P. Fann and Michael B. Odom of Fann & Rea, P.C., Birmingham, for appellee.

MONROE, Judge.

On February 24, 1998, Emerald Mitchell, Thomas Hubbert, Janice Hubbert, Mark Wicker, Andy Smith, Susan Smith, Randy Walker, Barbara Walker, Robert Byrd, and Geraldine Byrd (hereinafter collectively referred to as "Mitchell") sued Golden Poultry, Inc., alleging nuisance and trespass. Golden Poultry moved to dismiss the complaint pursuant to Rule 12(b)(6), Ala. R. Civ. P. The trial court dismissed the case on August 17, 1998. Mitchell appealed to the...

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