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MILLER v. CUDAHY CO.

Civ. A. No. 77-1212.

592 F.Supp. 976 (1984)

Cecil W. MILLER and Mildred E. Miller, Joint Tenants; Margaret L. Birchenough Testamentary Trust, Donald L. Birchenough and Walter Wright, Trustees; Ruth M. Hollinger, Individually and as Joint Tenant with Delbert Hollinger; John E. Edwards and Kermit C. Edwards, Joint Tenants; Homer Sharpe; Cecil M. Tobias and Frances Tobias, Joint Tenants; Paul F. Westrup and Ardis B. Westrup, Joint Tenants; Jay Brothers; Lyle Brothers, Individually and as Joint Tenant with Patricia R. Brothers; Alvin Engelland; Ansel Engelland; Jack Engelland and Vivian M. Engelland, Joint Tenants; Gerald N. Jones and Donna Jones, Joint Tenants; Raymond E. Tobias; Wilmor H. Oden; Raphael Roeder and Annabelle A. Roeder, Joint Tenants; Edris Edwards; Edward F. Janda and Anna Mae Janda, Joint Tenants; Harry Zwick; Arthur H. Oden; William L. Bemis and Dorothy Bemis, Joint Tenants; Roger Edwards; John Engelland; Don Engelland; Jim Hollinger; Curtis Miller; Ed Tobias; Curtis Tobias; Don Zwick; and Alvin Zwick, Plaintiffs, v. CUDAHY COMPANY, a Delaware Corporation; and General Host Corporation, a New York Corporation, Defendants.

United States District Court, D. Kansas.

August 13, 1984.

Attorney(s) appearing for the Case

Deborah Carney and Lee Turner, Turner & Boisseau, Chartered, Great Bend, Kan., for plaintiffs.

Thomas Kitch and Ron Campbell, Fleeson, Gooing, Coulson & Kitch, Wichita, Kan., for defendants.

OPINION AND ORDER

THEIS, Senior District Judge.

This is a pollution case in which over forty landowners and lessees seek to recover damages arising from salt pollution of the fresh-water aquifer beneath their lands. The case was called for a trial to the Court, sitting without a jury, on Monday, March 26, 1984. The parties presented their evidence over a span of thirty-three trial days, and all parties rested...

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