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FREEL v. OZARK-MAHONING COMPANY

Civ. A. No. 6928.

208 F.Supp. 93 (1962)

A. E. FREEL and Beatrice Hope Freel, Plaintiffs, v. OZARK-MAHONING COMPANY, Defendant.

United States District Court D. Colorado.

August 29, 1962.

Attorney(s) appearing for the Case

Stockton, Linville, Lewis & Mitchell, John H. Lewis, and Creamer & Creamer, George L. Creamer, Denver, Colorado, for plaintiffs.

Wormwood, O'Dell & Wolvington, Leonard L. Beal, Weller, Friedrich & Hickisch, W. Robert Ward, and Wood, Ris & Hames, Stephen E. Connor, Denver, Colo., and Morrison, Hecker, Cozad & Morrison, Karl F. Schmidt, Kansas City, Mo., for defendant.

DOYLE, District Judge.

The above-entitled action was tried to the Court on August 21 through August 23, 1962. The Court now finds the facts and concludes as follows:

I.

THE PLEADINGS AND ISSUES

The action seeks damages for injury to property resulting from contamination and pollution of a stream and from alleged flooding of the plaintiffs' lands as a result of failure to contain mine tailings ponds.

The complaint alleges that the...

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