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BRANCO EASTERN COMPANY v. LEFFLER

Nos. 22747, 22798.

482 P.2d 364 (1971)

BRANCO EASTERN COMPANY, Inc., formerly Royal Chemical Company, a corporation, Plaintiff in Error, v. Carl LEFFLER, Albert Lind, Maurice Leffler and Roland Kissler, Defendants in Error. Carl LEFFLER, Albert Lind, Maurice Leffler and Roland Kissler, Plaintiffs in Error, v. STAUFFER CHEMICAL COMPANY, a Corporation, Defendant in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied March 8, 1971.

Attorney(s) appearing for the Case

Tilly & Graves, James Tilly, Denver, for Branco Eastern Company, Inc.

Miller & Ruyle, David J. Miller, Robert A. Ruyle, Walker D. Miller, Greeley, for Carl Leffler, Albert Lind, Maurice Leffler and Roland Kissler.

Yegge, Hall, Treece & Evans, Raymond J. Connell, William D. Swenson, Denver, for Stauffer Chemical Co.

DAY, Justice.

Two writs of error are herein consolidated. Carl Leffler, Albert Lind, Maurice Leffler, and Roland Kissler were plaintiffs below and will be referred to as they there appeared or by name. The defendant Royal Chemical Company will be referred to as Royal and defendant Stauffer Chemical Company as Stauffer.

Royal is a distributor of a pre-emergent herbicide (weed killer) known as Eptam 6-E manufactured by Stauffer. Sixty-eight acres of the plaintiffs...

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