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VITERBO v. DOW CHEMICAL CO.

Civ. A. No. B-83-555-CA.

646 F.Supp. 1420 (1986)

Jules R. VITERBO, et ux. v. The DOW CHEMICAL COMPANY.

United States District Court, E.D. Texas, Beaumont Division.

October 22, 1986.

Attorney(s) appearing for the Case

Walter Umphrey, Jeff Branick, Provost, Umphrey, Swearingen & Eddins, Port Arthur, Tex., for plaintiffs.

Leonard Rivkin, Rivkin, Leff, Sherman & Radler, New York City, for defendant.

MEMORANDUM OPINION

COBB, District Judge.

The plaintiff, Jules R. Viterbo, and his wife filed this action on July 6, 1983, seeking monetary relief under the theories of negligence, strict liability, and breach of warranty. The plaintiffs allege in their complaint that the defendant, Dow Chemical Company, manufactured and distributed a herbicide under the trademark label, "Tordon 10K". Plaintiff used this herbicide to attempt to retard the growth of tallow...

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