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HICKS v. PILGRIM POULTRY, G.P.

No. 06-08-00095-CV.

299 S.W.3d 249 (2009)

W.K. HICKS and J.E. Hicks, Appellants, v. PILGRIM POULTRY, G.P., and Pilgrim's Pride Corporation, Appellees.

Court of Appeals of Texas, Texarkana.

Decided October 20, 2009.

Attorney(s) appearing for the Case

John R. Mercy, Mercy, Carter, Tidwell, LLP, Texarkana, Jimmie Matthews, Matthews & Freeland, LLP, Austin, Roy E. Price Jr., Longview, for appellants.

Kimberly Norris, Keith L. Langston, Susan Whatley, R. Daniel Sorey, Nix, Patterson & Roach, LLP, Daingerfield, for appellees.

Before MORRISS, C.J., CARTER and MOSELEY, JJ.

OPINION

Opinion by Justice CARTER.

I. FACTUAL AND PROCEDURAL HISTORY

J.E. Hicks and W.K. Hicks are brothers who own land adjacent to the Strube Egg Farm, owned and operated by Pilgrim Poultry, G.P., and Pilgrim's Pride Corporation (collectively "Pilgrim") in Camp County. For more than seven years, the Hickses complained about the problems attendant to having more than a million chickens next door. In...

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