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JONES v. ASGROW SEED CO.

No. 89CV7258.

749 F.Supp. 832 (1990)

Phillip JONES, Plaintiffs, v. ASGROW SEED COMPANY, Defendant.

United States District Court, N.D. Ohio, W.D.

March 28, 1990.

Attorney(s) appearing for the Case

Michael D. Martin, Martin & Martin, Lakeland, Fla., John P. Harris, III, Lackey, Nusbaum, Harris, Reny & Torzews, Toledo, Ohio, for plaintiffs.

Richard M. Kerger, Marshall & Melhorn, Toledo, Ohio, for defendant.

MEMORANDUM AND ORDER

WALINSKI, Senior District Judge.

This matter is before the Court on defendant, Asgrow Seed Company's ("Asgrow"), motion for summary judgment and plaintiffs' opposition thereto. This Court has jurisdiction pursuant to 28 U.S.C. § 1332 and 7 U.S.C. § 1551.

Plaintiffs are tomato growers, who along with J & B Tomato, Inc. ("J & B"), are suing Asgrow for allegedly defective tomato seeds. J & B, as an agent for...

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