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YELLOW BAYOU PLANTATION, INC. v. SHELL CHEMICAL, INC.

No. 73-1304.

491 F.2d 1239 (1974)

YELLOW BAYOU PLANTATION, INC., Plaintiff-Appellant, v. SHELL CHEMICAL, INC. and Thompson-Hayward Chemical Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 29, 1974.

Attorney(s) appearing for the Case

Philip Mansour, Greenville, Miss., James A. Dooley, Chicago, Ill., for plaintiff-appellant.

Frank W. Hunger, J. A. Lake, Greenville, Miss., for Shell.

Allan D. Sheckel Ford, Jon M. Barnwell, Clarksdale, Miss., for Thompson.

Before WISDOM, AINSWORTH and GEE, Circuit Judges.

GEE, Circuit Judge:

This diversity suit for damages against the manufacturer, Shell Chemical, Inc. (Shell), and a distributor, Thompson-Hayward Chemical Company (Thompson-Hayward), of an herbicide, Planavin, asserted its actionable failure to control various pest-grasses in plaintiff's soybean fields. Plaintiff, Yellow Bayou Plantation, Inc. (Yellow Bayou), advanced theories of negligence, misrepresentation, express and implied warranty, and intentional misconduct...

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