Dutton v. Rocky Mountain Phosphate, Inc.

This is an appeal from a judgment permanently enjoining Rocky Mountain Phosphates, Inc.. from emission of fluorides in excessive quantities and beyond safe limits into the atmosphere at its .plant in Garrison, Montana. The appeal is by the plaintiffs, arguing essentially that the injunction did not go far enough; that is, that the phosphate plant should have been enjoined from operating forever rather than just be enjoined from emitting fluorides in excessive quantities.

These-cases have been before this Court on appeal-in causes No. 11205 and 11214. Our opinion is found in Dutton v. Rocky…