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WOODBURY CHEMICAL COMPANY v. HOLGERSON

No. 292-70.

439 F.2d 1052 (1971)

WOODBURY CHEMICAL COMPANY, now Missouri Chemical Company, Appellant, v. Don HOLGERSON, d/b/a Tri County AG Service, Appellee.

United States Court of Appeals, Tenth Circuit.

March 22, 1971.

Attorney(s) appearing for the Case

Tom H. Barratt, Laramie, Wyo. (Earl L. Williams, Jr., Laramie, Wyo., with him on the brief), for appellant.

Robert W. Costin, Laramie, Wyo., for appellee.

Before HILL, SETH and HOLLOWAY, Circuit Judges.

SETH, Circuit Judge.

This action was commenced by an aerial applicator of herbicides to recover damages from a chemical company which furnished a product to be used to spray ranchlands which he alleged was ineffective to accomplish the results represented by the company. The case was tried to the United States District Court for the District of Wyoming. The court entered judgment for plaintiff for damages in an amount representing the cost plaintiff would incur in...

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