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NOVARTIS SEEDS, INC. v. MONSANTO CO.

No. 99-1153.

190 F.3d 868 (1999)

NOVARTIS SEEDS, INC., Appellant, v. MONSANTO COMPANY, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: September 7, 1999.

Attorney(s) appearing for the Case

Craig David Diviney, Minneapolis, MN, argued (Michael J. Wahoske, J. Thomas Vitt, A. Marie Villafana, John S. Willems, on the brief), for appellant.

Mark G. Arnold, argued, St. Louis, MO, for appellee.

Before: RICHARD S. ARNOLD, JOHN R. GIBSON, Circuit Judges, and BOWMAN, Chief Judge.

RICHARD S. ARNOLD, Circuit Judge.

This lawsuit began in 1997 when Novartis Seeds, Inc., sued Monsanto Company in a Minnesota state court. The plaintiff alleged that Monsanto broke development and license agreements involving genetically engineered, insect-resistant seed corn. After removing the case to the District Court, Monsanto filed a motion to dismiss for want of jurisdiction over the subject matter (a Rule 12(b)(1) motion), claiming that Novartis Seeds lacked...

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