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FISH v. HANNA COAL AND ORE CORP.

No. 5-57 Civ. 21.

164 F.Supp. 870 (1958)

Hubert J. FISH and Faye E. Fish, Plaintiffs, v. HANNA COAL AND ORE CORP., a corporation, Defendant.

United States District Court D. Minnesota, Fifth Division.

August 27, 1958.

Attorney(s) appearing for the Case

Ryan, Ryan & Ebert, by Richard C. Ebert, Brainerd, Minn., for plaintiffs.

Dancer, Montague, Applequist, Lyons, Nolan & Nordine, by Harry C. Applequist, Duluth, Minn., for defendant.

DONOVAN, District Judge.

In this diversity action plaintiffs Hubert J. Fish and Faye E. Fish (husband and wife) seek damages and an order in abatement because of an alleged nuisance.

The action was tried to the court in Duluth, Minnesota at the May 1958 General Term, and trial was concluded on June 2, 1958. Final briefs were submitted on June 25, 1958.

From the facts developed at trial it appears that plaintiffs moved into their present home in Trommald...

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