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INDIAN BRAND FARMS, INC. v. NOVARTIS CROP PROTECTION

No. 08-4484.

617 F.3d 207 (2010)

INDIAN BRAND FARMS, INC.; Columbia Fruit Farms, Inc.; Joyce Cappuccio, Individually and d/b/a WM. Cappuccio & Sons; Columbia Cranberry, Inc.; Joseph Martinelli, Individually and d/b/a Blu-Jay Farms; Gregory A. Clark, Individually and d/b/a Clark Farms; Anthony Melora, Individually and d/b/a/ Melora Farms; R & S Franceschini Farms, a partnership of Russell Franceschini and Scott Franceschini, Appellants v. NOVARTIS CROP PROTECTION INC., a foreign corporation.

United States Court of Appeals, Third Circuit.

Opinion Filed: August 10, 2010.

Attorney(s) appearing for the Case

Scott K. Attaway (Argued), Kellogg, Huber, Hansen, Todd, Evans & Figel, Washington, DC, Kathleen F. Beers , Thomas J. Vesper , R.C. Westmoreland, Westmoreland, Vesper & Quattrone, West Atlantic City, NJ, Attorneys for Appellants.

John P. Mandler (Argued), Bruce G. Jones , Kristen R. Eads , Krisann C. Kleibacker Lee, Faegre & Benson, Minneapolis, MN, Robert J. Machi , Morgan Melhuis Abrutyn , Livingston, NJ, Attorneys for Appellee.

Before: FISHER, HARDIMAN and STAPLETON, Circuit Judges.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

For the second time in just over five years, a group of New Jersey blueberry farmers (collectively, "Plaintiffs") appeals orders of the District Court granting summary judgment to defendant Novartis Crop Protection, Inc. ("Novartis") on Plaintiffs' claims for damage to their crops allegedly caused by use of a pesticide manufactured and distributed by Novartis.

The principal issues on appeal are...

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