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EBEL v. SPENCER CHEMICAL COMPANY

Civ. A. No. 14543-4.

227 F.Supp. 956 (1964)

Rueben EBEL et al., Plaintiffs, v. SPENCER CHEMICAL COMPANY, Defendant.

United States District Court W. D. Missouri, W. D.

March 31, 1964.

Attorney(s) appearing for the Case

Vogel, Ulmer & Bair, by Robert Vogel, Mandan, N. D., Edward L. Scheufler, Kansas City, Mo., for plaintiffs.

Stinson, Mag, Thomson, McEvers & Fizzell, Kansas City, Mo., for defendant.

BECKER, District Judge.

This is an action for damages in six counts originally filed in this Court by twenty North Dakota residents with similar claims against the defendant Missouri corporation for damages alleged to have been caused by the application of a herbicide ("Carbyne") manufactured and sold by defendant, and applied to crops of the plaintiffs in the year 1962.

In the six counts plaintiffs base their claims on express and implied warranties, negligence...

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