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EARL BRACE & SONS v. CIBA-GEIGY CORP.

Civ. A. No. 88-140 ERIE.

708 F.Supp. 708 (1989)

EARL BRACE & SONS, Plaintiff, v. CIBA-GEIGY CORPORATION, Defendant.

United States District Court, W.D. Pennsylvania.

March 30, 1989.

Attorney(s) appearing for the Case

Ritchie T. Marsh, Marsh, Spaeder, Bauer, Spaeder & Schaaf, Erie, Pa., for plaintiff.

Bradley S. Tupi, Reed Smith Shaw & McClay, Pittsburgh, Pa., for defendant.

MEMORANDUM OPINION

MENCER, District Judge.

The instant matter is before the Court on a motion for summary judgment, pursuant to Rule 56 of the Federal Rules of Civil Procedure, filed by the Defendant, Ciba-Geigy Corporation ("Ciba").

In May, 1987 the plaintiff, Earl Brace & Sons ("Brace"), purchased the defendant's herbicide Dual 8E to control the growth of grasses on Brace's potato farm. Between...

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