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INTERNATIONAL PLASTICS DEVELOP., INC. v. MONSANTO CO.

No. 53148.

433 S.W.2d 291 (1968)

INTERNATIONAL PLASTICS DEVELOPMENT, INC., et al., Appellants, v. MONSANTO COMPANY, Respondent.

Supreme Court of Missouri, En Banc.

Dissenting Opinion November 12, 1968.

Attorney(s) appearing for the Case

Guilfoil, Caruthers, Symington, Montrey & Petzall, Gerald M. Smith, Gordon G. Hartweger, Darold E. Crotzer, Jr., St. Louis, for (plaintiffs) appellants.

E. J. Putzell, Jr., John M. Bray, Coburn, Croft, Kohn & Herzog, Richmond C. Coburn, Thomas L. Croft, Terrence L. Croft, St. Louis, for (defendant) respondent.

BARRETT, Commissioner.

International Plastics Development is a domestic corporation with eight stockholders. It was engaged, according to the allegations of its petition, in the business of "promoting and selling" a building industry product called "Sculpt-Crete," a compound of various materials "which molded a dimensional surface to backing material such as concrete, plywood, masonite and other building materials." The principal stockholders, owners of over eighty...

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