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RAMBUR v. DIEHL LUMBER COMPANY

No. 10805.

394 P.2d 745 (1964)

Mr. and mrs. leo RAMBUR, Mr. and Mrs. Albert Avery, and Joe Sherick, Plaintiffs and Appellants, v. DIEHL LUMBER COMPANY, Inc., Defendant and Appellee.

Supreme Court of Montana.

Decided August 13, 1964.

Attorney(s) appearing for the Case

Joseph Goldman, Goldman & Jordan, Missoula, for appellants.

Garlington, Lohn & Robinson, Missoula, for appellee.

JAMES T. HARRISON, Chief Justice.

On June 21, 1962, the plaintiffs, appellants, filed a complaint against the defendant, respondent lumber company, charging a private nuisance. The gist of the complaint was that plaintiffs are all residents of the City of Plains, Sanders County, Montana, and the lumber company is a Montana corporation owning land and operating a saw and planing mill on land adjacent to the plaintiffs' residences. The complaint alleges that all of...

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