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MAINLINE TRACTOR & EQUIPMENT CO. v. NUTRITE CORP.

No. 2:95-CV-9.

937 F.Supp. 1095 (1996)

MAINLINE TRACTOR & EQUIPMENT COMPANY, INC., Golden-Flo, a Partnership, Carl Cobb, Sr. and Nancy Cobb, Plaintiffs, v. NUTRITE CORPORATION and Monsanto Company, Defendants.

United States District Court, D. Vermont.

August 12, 1996.

Attorney(s) appearing for the Case

Peter Forbes Langrock, Langrock, Sperry & Wool, Middlebury, VT, for Mainline Tractor & Equipment Company, Inc., Golden-Flo, Carl Cobb and Nancy A. Cobb.

Robert S. DiPalma, Paul, Frank & Collins, Inc., Burlington, VT, for Nutrite Corporation.

Joseph Patrick Bauer, Bauer, Anderson & Gravel, Burlington, VT, R. Gerald Barris, Thomas H. Wilson, Sorling, Northrup, Hanna, Cullen & Cochran, Ltd., Springfield, IL, for Monsanto Company.

OPINION AND ORDER

SESSIONS, District Judge.

This is an action for loss resulting from a reduced crop yield allegedly caused by the failure of an herbicide, sold by Nutrite Corporation ("Nutrite") and manufactured by Monsanto Company ("Monsanto"), to effectively control crabgrass. Pending before the Court is Defendant Monsanto's Motion for Summary Judgment.1 Plaintiffs oppose this motion. Plaintiffs' complaint against Monsanto...

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