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E. I. DU PONT DE NEMOURS & CO. v. BARIDON

No. 9955.

73 F.2d 26 (1934)

E. I. DU PONT DE NEMOURS & CO. v. BARIDON.

Circuit Court of Appeals, Eighth Circuit.

October 12, 1934.

Attorney(s) appearing for the Case

Willis J. O'Brien and John N. Hughes, both of Des Moines, Iowa (Hughes, O'Brien & Faville, of Des Moines, Iowa, and C. M. Spargo, of Wilmington, Del., on the brief), for appellant.

Charles E. Rendlen, of Hannibal, Mo., and Russell E. Ostrus, of Des Moines, Iowa (Rendlen, White & Rendlen, of Hannibal, Mo., on the brief), for appellee.

Before GARDNER, SANBORN, and WOODROUGH, Circuit Judges.

SANBORN, Circuit Judge.

The Du Pont Company in the year 1928 was manufacturing and marketing a patented product known as "Semesan," a poisonous compound with a mercury base, and so labeled, which it advertised as a seed disinfectant or fungicide. The company recommended its use for the treatment of seeds, roots, and bulbs before planting, and represented it as a safe and beneficial plant disinfectant, and, by labels on the containers and by pamphlets furnished to...

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