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SMITH v. MONSANTO CO.

Civ. A. No. 2:91-0524.

822 F.Supp. 327 (1992)

Blanche SMITH, Administratrix of the Estate of William E. Smith, deceased, Plaintiff, v. MONSANTO COMPANY, a Delaware corporation, Defendant.

United States District Court, S.D. West Virginia, Charleston Division.

September 29, 1992.

Attorney(s) appearing for the Case

W. Stuart Calwell, Charleston, WV, for plaintiff.

Charles M. Love, III, Charleston, for defendant.

MEMORANDUM ORDER

COPENHAVER, District Judge.

This matter is before the court on the motions of the defendant, Monsanto Company, for summary judgment.

I. Background

Plaintiffs, William and Blanche Smith, originally filed this action against the defendant, Monsanto Company (hereinafter "Monsanto"), on May 14, 1991. Following Mr. Smith's death on December 14, 1991, an amended complaint was filed which substituted Blanche Smith...

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