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CHEMCO INDUSTRIAL APP. CO. v. E. I. du PONT de NEMOURS & CO.

Nos. S72 C 15 and S72 C 27.

366 F.Supp. 278 (1973)

CHEMCO INDUSTRIAL APPLICATORS CO., Plaintiff, v. E. I. du PONT de NEMOURS AND COMPANY, Defendant. GRADY-GOULD WATERSHED IMPROVEMENT DISTRICT, Plaintiff, v. The AETNA CASUALTY & SURETY COMPANY, Defendant and Third Party Plaintiff, and E. I. du Pont de Nemours and Company, Third Party Defendant.

United States District Court, E. D. Missouri, Southeastern Division.

October 15, 1973.

Attorney(s) appearing for the Case

Ward & Reeves, Caruthersville, Mo., Manuel Drumm, Sikeston, Mo., for plaintiffs.

Limbaugh, Limbaugh & Russell, Cape Girardeau, Mo., for defendant.

MEMORANDUM

WANGELIN, District Judge.

These two actions resulted from the failure of Hyvar-X, a chemical weed eradicant, to kill vegetation on the banks of an Arkansas irrigation and drainage ditch system. These suits are brought under the Uniform Commercial Code as enacted in Arkansas, Title 85 of the Arkansas Statutes.

Civil Action No. S 72 C 15 was originally commenced in the Circuit Court of Pemiscot County, Missouri, and was removed to this Court...

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