MAJORS v. KALO LABORATORIES, INC.

Civ. A. No. 75-187-N.

407 F.Supp. 20 (1975)

Herman Edward MAJORS, Individually and d/b/a Majors Farms, Plaintiff, v. KALO LABORATORIES, INC., a corporation, and Helena Chemical Company, a corporation, Defendants.

United States District Court, M. D. Alabama, N. D.

October 2, 1975.


Attorney(s) appearing for the Case

William D. Coleman, Capell, Howard, Knabe & Cobbs, Montgomery, Ala., for plaintiff.

Robert S. Lamar, Jr., Ball, Ball, Matthews & Lamar, Montgomery, Ala., for Kalo Laboratories.

Bibb Allen, London, Yancey, Clark & Allen, Birmingham, Ala., Charles E. Porter, Rushton, Stakely, Johnston & Garrett, Montgomery, Ala., for Helena Chemical.


ORDER

VARNER, District Judge.

There are now presented to this Court issues concerning the conscionability or unconscionability under the applicable provisions of the Uniform Commercial Code of certain limitations or exclusions of consequential damages in connection with the sale of the soybean inoculant product Triple Noctin manufactured by Defendant, Kalo Laboratories, Inc. [hereinafter Kalo], and sold to Plaintiff by Defendant, Helena Chemical Company...

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