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ASGROW SEED CO. v. WINTERBOER

Civ. No. C91-4013.

795 F.Supp. 915 (1991)

The ASGROW SEED COMPANY, Plaintiff, v. Denny WINTERBOER and Becky Winterboer d/b/a Deebee's, Defendants.

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

On Motion For Clarification November 14, 1991.

Attorney(s) appearing for the Case

Lawrence C. Maxwell, Trabue and Sturdivant, Nashville, Tenn., and Bruce Stein, Upjohn Co., Kalamazoo, Mich., for plaintiff.

William H. Bode, William H. Bode Associates, Washington, D.C., and Daryl L. Hecht, Crary, Huff, Raby, Inkster, Hecht and Sheehan, P.C., Sioux City, Iowa, for defendants.

DONALD E. O'BRIEN, Chief Judge.

This matter comes before the court pursuant to both parties' motions for summary judgment. After careful consideration of the oral and written arguments this court sustains the plaintiff's motion and denies the defendants' motion.

FACTS

This is an action under the Plant Varieties Protection Act ("PVPA" or the "Act"). See, 7 U.S.C. §§ 2321-2582. In order to avail oneself of the protection of the Act...

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