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In Whalen V

Question 225

Multiple Choice

In Whalen v. Union Bag & Paper Co., where a paper mill polluted a farmer's creek so he sued to stop the pollution, the appeals court held that:


A) the plaintiff did not have any rights with regard to the water flowing through his property
B) the fact that the damage to the plaintiff was slight compared with the defendant's expense of abating the condition was a good reason for refusing an injunction
C) since the damage to the plaintiff was slight, there was no case
D) since the damage to the plaintiff was slight, so the defendant should not have to pay damages
E) none of the other choices are correct

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