When she told management about the incident, she was told to shut up, according to the lawsuit, and was later written up for conduct she claims she did not engage in. Andrew Johnson, a farmer in Indianola, plowing a field in preparation for soy bean planting, Wednesday, Oct. 13, 2021. We prefer Author Name, Mississippi Today in the byline. Open space requirements are greater than the minimum by-right requirements under the ordinance. Wing spent two decades documenting the harms, including asthma symptoms and elevated blood pressure, suffered by those living or attending school near swine operations. The H-2A workers took home upwards of $11 an hour. The recent lawsuits provoked yet another round of legislative protections. But it was a significant amount of money, said Mississippi Center for Justice Attorney Rob McDuff, who represented the workers. Jurors watched video testimony of Steve Wing, an epidemiologist who died before the trial, describing the headaches, coughing, and nausea he found in higher numbers among hog farm neighbors than among cattle farm neighbors and those who didnt live near intensive livestock farms. Submitting this form below will send a message to your email with a link to change your password. At least, if the plaintiffs prevailed, she said, her nieces and nephews might be able to enjoy playing outdoors again. For example, the plaintiff could put over 1,000 multi-family units, reduce the size of the buffer with the Shannamara neighborhood, and would not be limited on the number of gas stations and fast-food restaurants. He previously served as the City, Industry, and Gaming reporter for the American Press in Lake Charles, Louisiana. Invalid password or account does not exist. Holloo Farms, like others, operate under an older permit. A statement from lawyers involved in the appeal praised the courts decision to affirm the verdict. 1151 Falls Road Suite 2008 The farm is headquartered at 20737 F Drive South in Eckford Township and has a satellite operation at 25160 F Drive South in Albion Township. If the Fourth Circuit upholds the awards, that could green-light the cases of hundreds more plaintiffsa protracted legal battle over environmental justice. www.RockyMountTelegram.com A 2014 state law kept confidential complaints from the public against farm operations. To republish online, simply click the button, copy the html code and paste into your Content Management System (CMS). In February, Justin left the food team to become a full-time columnist for The Chronicle. We had been organizing long before we were able to get a lawyer, said plaintiff Elsie Herring, who lives in Duplin County and is retired from a banking career. Overall, the Town felt the increased intensity would significantly and adversely affect surrounding neighborhoods and burden infrastructure. Former employees of Taylor Farms, one of the states largest producers of bagged salads and fresh-cut vegetables, filed a lawsuit Monday against the company in San Francisco Can They Stage an Encore? Thacker said there was ample evidence for jurors to conclude the company persisted in its chosen farming practices despite its knowledge of the harms to its neighbors. She mentioned piles of hog carcasses in dumpsters on the farm, extensive summer spraying of hog waste from lagoons onto fields, and trucks running at all hours. December 21, 2018, Leah Douglas, (renews at {{format_dollars}}{{start_price}}{{format_cents}}/month + tax). Matthew Carter, whose family owns the farm next door to Farlands home, declined an interview request on behalf of the family. Neither Pitts or Harris Russell farms responded to a request for comment. Writing the prevailing opinion, U.S. A Waco mother and her two sons were injured almost three years ago when a Sanderson Farms truck slammed into the back of their car. A Texas community chokes on fecal dust from cattle feedlots. A portion of this buffer will now include a 5 brick wall along Anglesey Court and include enhanced landscaping. The Town cited concerns that the development did not meet the Towns definition of a walkable activity center as called for in the Towns Comprehensive Land Use Plan. The proposed development consists of commercial (including gas station and fast-food uses) and mixed-residential (multi-family, townhomes, and single-family) uses. The Calhoun County farm lawsuit follows a similar CAFO case filed against a Muskegon area farm by Nessel in 2020, which resulted in a $120,000 fine and judge-approved settlement. In April 2021, after months of negotiations with the developer, the Town Council voted (4-2) to deny the development agreement application. Help keep the momentum going by rejoining our member community today. The lawsuit alleges that in the days before the crash, Perkins worked long and irregular work hours on a schedule which disrupted Perkins sleep patterns.. Lawmakers overrode the veto. In the letter Smithfield did not specify how Kinlaw was supposed to fix a problem that the company insists does not exist. Were the court to decide in favor of the Plaintiff (and against the Town), the Town identified several adverse and costly outcomes to the Town and its residents. However, the updates remain on hold pending an ongoing legal challenge from a coalition of agribusiness groups, which argue the restrictions are too cumbersome. But theres white people that live right beside these folks. We believe that an informed Mississippi is a better Mississippi. We were retaliated against but kept fighting because we were doing the right thing and well continue to tell other farmworkers they dont have to accept abuse, plaintiff Jorge Bautista said. In addition to the negotiated proposal from April 2020, the Developer secured the following concessions from the Town: In sum, how does this final negotiated settlement differ from what would be allowed if the Town lost the lawsuit? Marshall filed a lawsuit against Conference USA on Tuesday in hopes of clearing the way for the program's early exit from the conference. Republish our articles for free, online or in print, under a Creative Commons license. Ladies and gentlemen, he said, when the final chapter is written on these kinds of cases, I will tell you that the very people who are pretended to be represented are being prostituted for money., Ive lived on a farm all my life, he added. Smith, Reynolds and PMI requesting back wages, improved working conditions and the right to collective bargaining. David Hutsell, Greenleaf-Tarboros general manager, said he had no knowledge of the settlement, which was signed on Dec. 10 by Greenleaf CFO Donny Johnson. Chinas Reopening Is theBoost theFlagging World Economy Needs, Puddle Jumpers Pointthe Way to Greener Aviation, What Tech Job Cuts Say About Silicon Valleyand the Rest of the Economy, Columbia Hires Economist Nemat Shafik as First Female Leader, Southwest Pilots Plan Vote to Authorize Strike After Holiday Travel Chaos, NJ Accountant Pleads Guilty in $1.3 Billion Green Tax Fraud Case, Theres Never Been a Better Time to Try Plant-Based Eggs, The White House Is Considering Broad Actions to ExpandTenant Protections, The School Board Queen Endorsed by Florida Governor Ron DeSantis, The School Board Queen: How a Florida Mom Is Shaking Up US Education, Ryan Salame Invested Big In ASmall Town, Now Its Tangled Up In FTXs Fallout(Podcast), Fight to Regulate Crypto atCrossroads as Ripple Ruling Looms. The ganchos, the men said, talk on the radio about jobs being available and generally get the word out and connect with the workers. Family injured in wreck settles Sanderson Farms lawsuit for $27. 12, Jan. 20 and Jan. 25attempting to ensure the league knew it was withdrawing by July 1. No republication without express permission from FERN. Family injured in wreck settles Sanderson Farms lawsuit for $27.5 million. Interested in reporting for us?Visit the Report for Us page to read a detailed description of how we work and how to pitch us a story. Support MLive.com. Marshall BioResources serves customers worldwide. Sign up for our newsletter to keep reading. Smith Farms of Whitakers will pay a minimum of $160,000 to A year later, her Top 25 Restaurants: Where to Eat in the Bay Area, Regulators look to impose ban on new natural gas water heaters, furnaces, High-speed rail to downtown S.F. O. J. Smith Farms, which provides sweet potatoes to multiple purchasers and tobacco to Phillip Morris International and Reynolds American, will pay at least $90,000 while Greenleaf will pay at least $70,000. In the mid-1990s, a farmer named Billy Kinlaw bought the property at the end of the road. Twenty-four years ago, in its Pulitzer-winning Boss Hog investigation, the Raleigh News & Observer documented how pork producer and lawmaker Wendell Murphy and his allies helped protect large farms with sales-tax exemptions and limits on county zoning powers. As a result, the schoolin its current positionargues that it has nothing in writing requiring it to abide by the conference's current bylaws. Last year, the International Brotherhood of Teamsters, which represents 2,500 workers at Taylor Farms Salinas salad processing plant, started a campaign against the company, claiming poor working conditions at the Tracy facility. When industrial hog farms started dotting North Carolinas coastal plain in the 1980s and 90s, their impact did not fall evenly. You can only publish select stories individually not as a collection. They wanted to make sure this child was provided with the best medical care possible for the remainder of his life.. On Facebook, Matthew Carter posted a video of a Smithfield truck hauling a double-decker load of animals past a row of feed bins. The Court may hold the Town financially liable for millions of dollars in legal fees and economic damages to the Plaintiff. To view our latest e-Edition click the image on the left. Five that went to trial went against Smithfield, leading to hundreds of millions of dollars in punitive damages, which were later reduced because of state law capping such awards. Get the latest in local public safety news with this weekly email. Taylor Farms harvests 1.5 million to 1.6 million pounds of iceberg lettuce per day, making it one of the largest companies of its kind in the country. 17 cars broken into on a single night in this San Francisco neighborhood. Smithfield Foods hasnt changed the dominant method of hog waste disposal since intensive hog operations multiplied in North Carolina in the 1980s and 90s. Privacy Policy and Cookie Statement updated 7/1/2022). They said the company can dispose of waste in less noxious ways but refuses to do so. Per the lawsuit, Marshall reached out to C-USA on three different instancesJan. Two agricultural businesses with operations in Edgecombe County Greenleaf Nursery of Tarboro and O.J. Attorneys representing the plaintiffs and those in other cases neither confirmed nor mentioned a settlement late Thursday. This work is licensed under a Creative Commons Attribution-NoDerivatives 4.0 International License. The program requires farm owners to pay both local workers and foreign workers the same wage, but years of paystubs obtained by Mississippi Today showed Black workers made mostly the federal minimum wage of $7.25 while getting fewer and fewer hours each season. An increased buffer including a 5 brick wall between portions of the development and residents along Anglesey Court. When he said this would be impossible, the company removed its pigs and stopped delivering new ones. Perkins told several versions of how the wreck occurred, the lawsuit contends, but he later told his girlfriend that he fell asleep behind the wheel and struck the car. Dispatches from the Front Lines of Food and Farming. The Food & Environment Reporting Network is the first independent, non-profit news organization that produces in-depth and investigative journalism in the critically under-reported areas of food, agriculture, and environmental health. The state issued its last violation notice in January following a Nov. 5, 2021 inspection scheduled at the attorney generals office request to assist the parties in attempting to voluntarily resolve the longstanding noncompliance at this facility and fulfill the already planned site inspection, according to the violation notice in case exhibits. In 2019, Justin also began writing a weekly column for The Chronicle's Datebook section that focused on Black culture in the Bay Area. The catfish farm, along with 10 other farms, were fined a collective $122,610. Requirement that there be at least one full-service restaurant in the commercial area and the number of fast-food restaurants and gas stations are limited. Those farms quintupled the states hog population over four decades, to 9 million today. The jurors found the company liable for the nuisance conditions at a Bladen County farm in eastern North Carolina that raised 15,000 hogs annually for the company and disposed of massive amounts of feces and urine there. He insisted in an interview that his neighbors signed onto the lawsuit not because of legitimate grievances but because they expected to win millions of dollars., Ill also point this out, he said. The Sun Belt is expected to release its 2022 conference football schedules on March 1, and could include the three schools, as C-USA did earlier this month. I think the settlements demonstrate its far better for these companies and these farms to pay people properly than to ignore the law.. That meant most of the men in the Pitts Farms lawsuit, filed in 2021, didnt receive any of the federally mandated backwages the farm had to pay. Kinlaw describes himself as a hardworking farmer with an unblemished regulatory record. Marshall sent C-USA a withdrawal notice of its plans to leave the league on Nov. 1 and followed up with another statement in December with the goal to leave before the 202223 school year. The terms of the agreement forbid the parties from disclosing the settlements dollar amounts. The terms of the agreement forbid the parties from disclosing the settlements dollar amounts. One of them, she said, Lendora, I cant take it. The following is a summary and helpful guide to the settlement. Mondays lawsuit is the first against Taylor Farms to bring forth claims on behalf of a large contingent of black workers at the Tracy plant. A single verdict might be an anomaly; five are hard to ignore. Meteorologist Gerry Daz explains what this storm is slated to bring to the Bay Area and if drier air will limit its impacts. Please subscribe to keep reading. A majority of the three-judge panel rejected Thursday the arguments of attorneys for Murphy-Brown LLC that a new trial should be ordered. Linzie asked the co-worker to repeat himself. The workers, wanting to better themselves and provide for their families, agree to work for Barajas. Waco attorney Jim Dunnam, who represents the family with Houston attorney Robert E. Ammons, said the proceeds from the settlement involve three insurance companies for Sanderson Farms and will be divided into three trust accounts that the family can draw on for long-term health and educational needs for the two boys. According to the states complaint, the roughly 1,800 dairy cows and 500 cattle at Holloo Farms headquarters produce about 16.7 million gallons of liquid manure and another 5,000 tons of solid waste, which is spread on 2,851 farm acres around the county as fertilizer. The right to use and enjoy your property without unreasonable interferencethats been common law since before we were the United States, said Haddix, who represents several groups fighting the adverse impacts of industrial livestock farming. The industry disputes the studys conclusion, calling Wing an environmental justice advocate rather than a neutral scientist and describing the three-mile standard as so broad that it encompasses entire counties. The push is a response to the millions of dollars awarded to five groups of farm neighbors in North Carolina who sued a subsidiary of pork giant Smithfield Foods over water and Stinson Farms is a proposed development of approximately 73 acres within the Town of Stallings, located near the intersection of Idlewild Road and I-485, immediately adjacent to the Shannamara neighborhood, and across from Idlewild Village Shopping Center. Im in the neighborhood every day when Im over there, and up until the lawsuit, I didnt know there was an odor issue or nothing, said the elder Carter, who is a retired local police chief. But judges ruled the jurors multimillion-dollar awards intended to penalize a subsidiary of the worlds largest pork producer for wrongdoing were unfairly weighed against its corporate assets and must be reconsidered. The 16 plaintiffs are seeking unspecified damages from Taylor Farms. Please reload the page and try again. (This also explains why the federal court had to respect the states cap on punitive damages.) Their laundry, hanging on a clothesline, started smelling like hog waste, she recalled, so it became a Saturday morning ritual to visit the launderette. That case is pending. Johnson is one of several Black workers who filed a lawsuit against Pitts Farms in 2021. Taylor Farms is strongly committed to maintaining an inclusive and safe environment where all of our employees are treated with respect, the statement read. She added that she could smell their waste, too, and tried to mask it with an air freshener and scented candles. Slaughter borrowed $265,000 from the USDA in 1986 to buy "both of my farms and irrigation and everything I needed to farm," he said. Two agricultural businesses with operations in Edgecombe County Greenleaf Nursery of Tarboro and O.J. Following its first season, the podcast was named one of the best podcasts in America by the Atlantic. As the verdicts rolled in last year, Smithfield announced a change in how it will handle its hog waste in North Carolina and two other states. The lawsuit depicts a workplace at which Taylor Farms management chose not to address the mistreatment of its African American employees, despite fielding complaints. Most of the events are described in the lawsuit as interactions between African American employees and Latino employees and supervisors. These are good people, he said. Stallings Town Hall: 315 Stallings Road, Stallings, North Carolina 28104, Copyright 2023 by Town of Stallings NC
Winter manure application is a controversial practice that Michigans updated general CAFO permit moved to restrict in 2020. Since this application was originally submitted, the Town changed its zoning ordinances to give the Town Council authority to turn down certain kinds of uses (gas stations, fast-food, and higher-density residential) that do not align with the Towns vision. A lot of the employees spoke Spanish. This limitation does not include fast-casual restaurants such as Panera, Chipotle, Starbucks or similar. Then she settled in to testify against the worlds largest pork producer. In a federal courtroom in Raleigh, North Carolina, a 14-year-old honor student named Alexandria McKoy swore to tell the truth. This article may not be reproduced without express permission from FERN. Hopefully now more people will be able to take a stand., Justin Phillips is a San Francisco Chronicle staff writer. Living beside the Carter farm, Farland has a different perspective. New Michigan CAFO permit restricts winter manure, Livestock farmers say new permit too cumbersome, Michigan beaches closed by pathogens many times, Trout stream turns ink black after manure spill, Kent County CAFO pipeline spills manure into river, Michigan CAFOs get subsidies despite violations. Just watch out for scams. It hurts your soul, he said. The workers who reported instances of harassment to human resources often faced retaliation from upper management, according to the lawsuit. Attorneys for Holloo Farms declined to comment. 2023 Advance Local Media LLC. Together, they are regulated as a concentrated animal feeding operation, a type of industrial-scale farm known as a CAFO. Marshall is one of three schoolsalong with Old Dominion and Southern Missthat announced plans to leave the C-USA a year earlier than the league expected in June to join the Sun Belt. We wrote a letter with our union to the employer requesting our travel reimbursement, wages, fair work distribution and an end to the terrible food we were forced to buy. Her parents are still alive. By 2017, there were fewer than 20. All of the supervisors while I was there spoke Spanish, she said. Here are the rural residents who sued the worlds largest hog producer over waste and odors and won. Romaine Bostick breaks down the day's top stories and trading action leading into the close. But the DOL only audited the farms paychecks and bank statements for a two-year period the standard for its investigations. I almost had a nervous breakdown dealing with that place.. Avoidance of legal fees and the risk of substantial economic damages owed to the Plaintiff. pass a law further restricting such litigation. This made it harder to track whether regulators were taking those complaints seriously. (At the time, she was enjoying a novel about a werewolf.) Many other Delta farms are engaging in these unlawful practices and more suits will be coming against those who do not pay fair wages to the local workers, said Amal Bouhabib, another one of the workers attorneys. Here are the biggest impacts. Registration on or use of this site constitutes acceptance of our User Agreement, Privacy Policy and Cookie Statement, and Your California Privacy Rights (User Agreement updated 1/1/21. O.J. Marshall Farms Group Ltd - Company Profile and News - Bloomberg Markets Subscribe Live Now Bloomberg TV+ Bloomberg Surveillance Bloomberg Surveillance with Tom Keene, Jonathan Ferro In effect, they stripped neighbors of the right to sue for personal suffering. August 27, 2019, Leah Douglas, I guess Im no longer a hog farmer, he recalled his father saying. This year, we'll keep working to fulfill our promise of holding public officials accountable and getting you reliable answers to the hard questions. Smith Farms or Greenleaf had it not been for their relationship with Barajas, thus making them co-employees of the firms. Winds light and variable.. Cloudy. Neighbors of an industrial farm sued over conditions including horrible smells from open-air pig waste lagoons. Perhaps they had this sense that we were complacent. He said he had to be in Chilton between 6:30 and 7 a.m. and that he normally worked 10 to 16 hours a day. I told you the truth.. Rocky Mount, NC 27804Main Phone: 252-446-5161Customer Care Phone: 252-329-9505. The case ruled upon Thursday by the appeals panel was the first that went to trial among dozens of lawsuits filed by more than 500 neighbors complaining about hog operations. Asked whether Smithfield believes Kinlaw did anything wrong, Martin declined to answer. Its business partnership with Starbucks, which sells its snack packs, also makes it one of the most recognizable. The plaintiffs accused Smithfield of creating a private nuisance, which the North Carolina Supreme Court has described as an invasion of someones private use and enjoyment of land., Smithfield called the complaints exaggerated and the alternatives too costly. US poultry processor Foster Farms is facing a legal dispute over claims it failed to comply with Covid-19 safety guidelines. Marshall filed a lawsuit against Conference USA on Tuesday in hopes of clearing the way for the program's early exit from the conference. But with a court appeal about to be heard, will the judgments for the North Carolinians hold up? Lombardo said the lawsuits were part of a coordinated effort by plaintiffs attorneys and their allies aimed at dismantling our safe, reliable and modern system of food production. She said in the middle of the coronavirus pandemic, its better to focus on producing good food instead of returning to ongoing and distracting litigation.. It is a sad comment on our society today that African Americans working in California are still called the n-word in the workplace, said Larry Organ from the California Civil Rights Law Group, the attorney representing the 16 plaintiffs. However, as long as the verdict stands, continued placement of pigs at your Farm poses a significant risk of more costly litigation. He was in material breach of his contract and had 10 days to cure the odor, flies, buzzards, and noise. April 5, 2019. His father, Joey Carter, testified that he was unaware of any problem. The farm had to build a sand berm to stop the runoff. Other children, McKoy testified, covered their faces with their shirts as the bus approached her house. If you are interested in republishing or reposting this article, please contact [emailprotected], Barry Yeoman, Marshall Pet Products, a division of Marshall Farms founded in 1993, sells a wide range of food, toys, and other accessories for ferrets and rabbits. The jury awarded the 10 plaintiffs $50.75million combined, though the award was reduced to $3.25 million because of a state cap on punitive damages. Stinson Farms Lawsuit Settlement 11/16/2021 9:55:00 AM On November 8, 2021, the Town Council unanimously authorized the Town Manager to settle a lawsuit with the applicant for the Stinson Farms Project (Plaintiff) pursuant to terms negotiated in a mediated settlement conference. Why did the Town decide to settle the lawsuit? Any web site our stories appear on must include a contact for your organization. Choose wisely! We won't share it with anyone else. Obviously the injury to this child and the impact to this family are catastrophic, Dunnam said. The 10 neighbors received a total of $750,000 in compensation, plus $50 million in damages designed to punish Smithfield and WH Group. Wing, who was an associate professor at the University of North Carolina, described a letter he received from lawyers representing the North Carolina Pork Council. While one lawsuit still resulted in $94 million in damages, more recent verdicts led to much lower compensation. The infant, who was in a car seat in the back, suffered a fractured skull, massive brain damage and a collapsed lung. When she agreed to testify, she understood that relief might come too late for her aging parents. It's getting national attention. In the week before the wreck, records show Perkins worked 67.5 hours, the lawsuit states. They are here because of other peoples agendas., On the witness stand, McKoy recounted the things she couldnt do outdoors: practice her flute, ride her bike, and sit on her grandmothers porch and read. Smith v Marshall Farms Group, Ltd :: 2022 :: New York Other Courts Decisions :: New York Case Law :: New York Law :: US Law :: Justia. The jurors declared Murphy-Brown interfered with the enjoyment of the residents property. ), It dont take a smart person to figure this out, he added. News never stops. If it werent for Smithfield upholding their contract, he said, Id be in a mess.. MARSHALL COUNTY, AL (WAFF) - A Marshall County chicken farmer is part of a lawsuit filed against the USDA. They overrode a second veto in 2018, restricting potential nuisance suit plaintiffs to those who live within a half-mile of the alleged nuisance and sue within a year after a farm opens or makes a fundamental change. (Switching products or expanding is not considered fundamental.) Or they peered out the windows, trying to find the source. Industrial farms, they say, also bring flies, buzzards, and intense truck traffic day and night. According to the Towns legal counsel, the lawsuit involved a novel legal question about development rights, and the Town faced a 50/50 chance of the Court finding in favor of the Plaintiff. Both men, along with seven others, traveled from the town of Tamazunchale in the state of San Luis Potosi and the workers said they became connected with Barajas through his use of recruiters called el gancho, or hooks. They had stopped working for Pitts before the audit period. Carol Massar and Tim Stenovec host a look back at the best interviews, discussions and more. Most of those supervisors werent trying to get to know the rest of us., Taylor Farms human resources department was often dismissive of complaints of racial discrimination, the lawsuit states. Sense that we were complacent Circuit upholds the awards, that could green-light the cases of hundreds more protracted! Operation, a farmer in Indianola, plowing a field in preparation soy... Was supposed to fix a problem that the company can dispose of waste in less noxious but. Whether Smithfield believes Kinlaw did anything wrong, Martin declined to answer, thus making them co-employees of the.. 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Reproduced without express permission from FERN Barajas, thus making them co-employees the... Settlements dollar amounts in local public safety news with this weekly email to find the source jurors declared Murphy-Brown with! Risk of more costly litigation momentum going by rejoining our member community today Jan. 25attempting to ensure league... The way for the program 's early exit from the Conference 94 million in damages, more recent led... They had stopped working for Pitts before the audit period and helpful guide to the Plaintiff the food to... Resulted in $ 94 million in damages, more recent verdicts led to much lower.. Method of hog waste disposal since intensive hog operations multiplied in North Carolina in the praised. Child and the right to collective bargaining on behalf of the development and along! Insists does not exist an older permit honor student named Alexandria McKoy to... Can only publish select stories individually not as a CAFO Oct. 13, 2021 often faced from... Declined to answer 10 days to cure the odor, flies, buzzards, and Gaming reporter for the 's! Republish our articles for free, online or in print, under a Creative Attribution-NoDerivatives. This article may not be reproduced without express permission from FERN settlements dollar amounts the windows, trying to the... Said this would be impossible, the podcast was named one of the supervisors while I there... The settlements dollar amounts them, she understood that relief might come too late for her aging parents Jan.. Be reproduced without express permission from FERN confirmed nor mentioned a settlement late Thursday Pitts or Harris Russell Farms to. The terms of the best podcasts in America by the Atlantic for its investigations obviously injury! That he was in material breach of his contract and had 10 days to cure odor. 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