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JERRY HARMON MOTORS v. FARMERS UNION GRAIN TERMINAL

Civ. No. 10380.

337 N.W.2d 427 (1983)

JERRY HARMON MOTORS, INC., a North Dakota corporation, Plaintiff and Appellee, v. The FARMERS UNION GRAIN TERMINAL ASSOCIATION, a foreign corporation, Defendant and Appellant.

Supreme Court of North Dakota.

August 4, 1983.

Attorney(s) appearing for the Case

McIntee & Whisenand, Williston, for plaintiff and appellee; argued by Frederick E. Whisenand, Jr., Williston.

Pringle & Herigstad, Minot, for defendant and appellant; argued by Mitchell Mahoney, Minot.

SAND, Justice.

Farmers Union Grain Terminal Association (GTA) appealed from a district court judgment determining that GTA's actions in discharging dust, chaff, and grindings into the atmosphere and onto Jerry Harmon Motors, Inc. (Harmon Motors) new and used car and truck inventory constituted a private nuisance and awarding Harmon Motors $57,620.33 in damages.

Harmon Motors has owned and operated a motor vehicle...

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