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HURD v. MONSANTO CO.

No. IP 94-983 C B/S.

908 F.Supp. 604 (1995)

Alta L.P. HURD, and Clifford O. Rawley, Individually and as Representative Plaintiffs for a Class of Those Similarly Situated, Plaintiffs, v. MONSANTO COMPANY, a Delaware Corporation, and Westinghouse Electric Corporation, a Pennsylvania Corporation, Defendants.

United States District Court, S.D. Indiana, Indianapolis Division.

September 25, 1995.

Attorney(s) appearing for the Case

David S. McCrea, McCrea & McCrea, Bloomington, IN, Michael Warshauer, Burge & Wettermark, Atlanta, GA, Michael Gallagher, Fisher Gallagher & Lewis, Houston, TX, for plaintiffs.

Michael R. Fruehwald, Barnes & Thornburg, Indianapolis, IN, for Monsanto Company.

Joseph B. Carney, Baker & Daniels, Indianapolis, IN, Arvin Maskin, Weil Gotshal & Manges, New York City, for Westinghouse Electric Corp.

ENTRY

BARKER, Chief Judge.

This matter is before the Court on defendant Westinghouse Electric Corporation's ("Westinghouse") motion to dismiss Counts 6 through 13 of the Second Amended Complaint and defendant Monsanto Company's ("Monsanto") motion to dismiss Count 3 of the Second Amended Complaint. For the reasons set forth below, Westinghouse's motion is granted; Monsanto's motion is denied.

I. FACTUAL BACKGROUND.

For purposes of...

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