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MERCO LANDS, INC. v. HUTCHINSON

No. 4835.

306 So.2d 856 (1975)

MERCO LANDS, INC., Plaintiff and Appellee, v. James M. HUTCHINSON et al., Defendants and Appellants.

Court of Appeal of Louisiana, Third Circuit.

January 15, 1975.

Attorney(s) appearing for the Case

Voorhies & Labbe by John W. Hutchison, Lafayette, for defendant and appellant.

Davidson, Meaux, Onebane & Donohoe by Joseph Onebane, Lafayette, for plaintiff and appellee.

Before HOOD, CULPEPPER and MILLER, JJ.

CULPEPPER, Judge.

Plaintiff, Merco Lands, Inc., seeks to enjoin the defendants, James M. Hutchinson and Mitchell N. Ashy, from constructing or using an oxidation pond on defendants' property near the boundary of plaintiff's adjacent property. Plaintiff contends that since a regulation of the Louisiana State Board of Health prohibits the location of water wells within 50 feet of an oxidation pond, it will be deprived of the use of a portion of its property for water...

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