Food Machinery & Chemical Corporation v. W. S. Meader

294 F.2d 377 FOOD MACHINERY & CHEMICAL CORPORATION, a Corporation, operated as Westvaco Mineral Products Division, and J. R. Simplot Company, a corporation, Appellants, v. W. S. MEADER and May Meader, husband and wife, Appellees. No. 17058. No. 17059. United States Court of Appeals Ninth Circuit. August 25, 1961. Rehearing Denied September 26, 1961. B. W. Davis, Pocatello, Idaho, for Food Machinery & Chemical Corp. Hawley & Hawley and Lloyd E. Haight, Boise, Idaho, for J. R. Simplot Co. Louis F. Racine, Jr., and Hugh C. Maguire, Jr., Pocatello, Idaho, for appellees. Before ORR, HAMLEY and HAMLIN, Circuit Judges. HAMLIN, Circuit Judge. 1 On January 31, 1957, W. S. Meader and May Meader, husband and wife, filed complaints in the United States District Court for the District of Idaho, Eastern Division, against Food Machinery & Chemical Corporation and J. R. Simplot Company. 1 The Meaders sought to recover for damages allegedly resulting from the operation of the defendants' industrial plants which were located near the plaintiffs' trout hatchery. The district court's jurisdiction was based on diversity of citizenship, 28 U.S.C.A. § 1332 . After a trial before a…