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ANDERSON v. AMERICAN LIMESTONE CO., INC.

No. E2003-01979-COA-R3-CV.

168 S.W.3d 757 (2004)

Richard and Faye ANDERSON, Jimmy B. and Judy Phillips, James and Mary Lou Krause v. AMERICAN LIMESTONE COMPANY, INC., Hyder Construction Company, Inc., and Construction and Paving Services, Inc.

Court of Appeals of Tennessee, Eastern Section, at Knoxville.

December 16, 2004.

Permission to Appeal Denied June 27, 2005.

Attorney(s) appearing for the Case

Thomas C. Jessee, Jessee & Jessee, Johnson City, Tennessee for the Appellants.

Ronald S. Range, Jr., Jennifer P. Keller, Baker, Donelson, Bearman, Caldwell & Berkowitz, Johnson City, Tennessee and Gary C. Shockley, Baker, Donelson, Bearman, Caldwell & Berkowitz, Nashville, Tennessee for Appellee, American Limestone Company.

Steven C. Rose, West & Rose, Kingsport, Tennessee, Lanny R. Norris, Norris, Bush & Byrd, Elizabethton, Tennessee, and Richard Norris, LaPorte & Norris, Elizabethton, Tennessee for Appellees, Hyder Construction Company, Inc. and Construction and Paving Services, Inc.

Permission to Appeal Denied by Supreme Court June 27, 2005.

OPINION

HOWELL N. PEOPLES, Sp. J., delivered the opinion of the court in which HERSCHEL P. FRANKS, P.J. and D. MICHAEL SWINEY, J., joined.

Appellants appeal (1) a jury determination that a rock quarry, an asphalt plant, and trucking activities did not create a nuisance and (2) the allowance of discretionary costs. We affirm.

Appellants filed their complaint in this matter on October...

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