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DUYCK v. NORTHWEST CHEMICAL CORP.

86-0379C; CA A45641.

764 P.2d 943 (1988)

94 Or.App. 111

Lloyd G. DUYCK and Geraldine Duyck, Appellants, v. NORTHWEST CHEMICAL CORPORATION, an Oregon Corporation, and E.I. DuPont De Nemours Co., a Delaware Corporation, Respondents.

Court of Appeals of Oregon.

Decided November 23, 1988.

Reconsideration Denied January 13, 1989.

Attorney(s) appearing for the Case

Thomas J. Moore, Hillsboro, argued the cause for appellants. With him on the briefs were Brink, Moore, Brink & Peterson, Hillsboro.

Richard S. Gleason, Portland, argued the cause for respondents. With him on the brief were Charles F. Adams, and Stoel, Rives, Boley, Jones & Grey, Portland.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

ROSSMAN, Judge.

Plaintiffs sought damages, on a breach of warranty theory, for reduced blueberry crop yield in 1983, which allegedly resulted from application of the insecticide lannate L (lannate). Defendants, Northwest Chemical Corporation (Northwest), seller, and Dupont, manufacturer of lannate, moved for summary judgment. Northwest argued that it made no warranty of merchantability or fitness for a particular purpose and that the goods were sold "as is," subject...

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