State Department of Pollution Control v. Cities Service Co.

GUNTER STEPHENSON, Circuit Judge.

This cause came on to be heard before the court on defendant’s motions to dismiss, to strike, and for a more definite statement.

The complaint is in five counts, or as designated by plaintiffs as five causes of action. Each cause of action alleges damages to plaintiffs’ property when a retention dam on one of defendant’s ponds broke, or erupted on December 3, 1971, and the slimes, waters and mud maintained on defendant’s lands behind said retention dam flowed on to the property of plaintiffs and into the Whidden Creek and Peace River in Polk County.

The “first…