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ELANCO PRODUCTS COMPANY v. AKIN-TUNNELL

No. 8185.

474 S.W.2d 789 (1971)

ELANCO PRODUCTS COMPANY, a Division of Eli Lilly & Co., Appellant, v. AKIN-TUNNELL, a Partnership, Appellee.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied January 10, 1972.

Attorney(s) appearing for the Case

Evans, Pharr, Trout & Jones, John A. Flygare, Lubbock, for appellant.

Day, Owen & Lyle, Gene V. Owen, LaFont, Tudor, Tunnell, Formby & LaFont, Bill LaFont, Plainview, for appellees.

ELLIS, Chief Justice.

This is an appeal from a trial court judgment entered on a jury verdict awarding plaintiff-appellee breach of warranty damages against defendant-appellant Elanco Products Company, a Division of Eli Lilly & Company.

Reversed and remanded.

Appellee, Akin-Tunnell, a partnership, brought this action based on the alleged failure of the product Treflan, a herbicide, to control weeds in...

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