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LUTZ FARMS v. ASGROW SEED CO.

No. 89-1137.

948 F.2d 638 (1991)

LUTZ FARMS, a Colorado general partnership, Glenn E. Lutz, a general partner, Terry J. Lutz, a general partner, Ace-Hi Packing Company, Inc., a Colorado corporation, Plaintiffs-Appellees, v. ASGROW SEED COMPANY, a Michigan corporation, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 25, 1991.

Attorney(s) appearing for the Case

Elaine A. Menter, Englewood, Colo. (Rodney R. Patula and Nancy L. Van Nest of Pryor, Carney and Johnson, P.C., Englewood, Colo., Britt C. Anderson, Vail, Colo., and Katch, Wasserman & Jobin, Denver, Colo., with her on the brief), for plaintiffs-appellees.

Donald Lawrence (Ernest Staggs, Jr. of Tilly & Graves, P.C., with him on the brief), Denver, Colo., for defendant-appellant.

Before McKAY, SEYMOUR, and McWILLIAMS, Circuit Judges.

McWILLIAMS, Circuit Judge.

The Case of the Double Onion

I. OVERVIEW

An onion grower near Montrose, Colorado, bought onion seed from a seed company located in Michigan. The onion seed produced numerous double onions which were not commercially salable. The onion grower brought suit against the seed company in the United States District Court for the District of Colorado, charging the seed company with negligence and breach of express and...

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