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BRITTON v. HARRISON CONST. CO.

Civ. A. Nos. 859, 860.

87 F.Supp. 405 (1948)

BRITTON v. HARRISON CONST. CO. CARTE et al. v. HARRISON CONST. CO.

United States District Court S. D. West Virginia.

December 28, 1948.

Attorney(s) appearing for the Case

G. Steve Millhouse, Charleston, W. Va., for plaintiffs.

Dayton, Campbell & Love, of Charleston, W.Va., Thomas W. Moses and Ernest H. Gilbert, Jr., Charleston, W. Va., for defendant.

BEN MOORE, Chief Judge.

The plaintiff in these two cases, which have been consolidated, bring their actions seeking to recover for damage to their dwelling houses which they allege resulted from concussions and vibrations from defendant's blasting operations in connection with the construction of the Kanawha County Airport, near Charleston, West Virginia. No allegation of negligence appears in the complaints. Defendant moves to dismiss the complaints on the ground...

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