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TWO RIVERS CO. v. CURTISS BREEDING SERVICE

No. 78-1014.

624 F.2d 1242 (1980)

TWO RIVERS COMPANY, Plaintiff-Appellee, v. CURTISS BREEDING SERVICE, Division of Searle Agriculture Inc., Defendant-Appellant, Hi-Pro Feeds, Inc., Defendant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 6, 1980.

Attorney(s) appearing for the Case

David S. Kidder, Timothy R. McCormick, Dallas, Tex., for defendant-appellant.

Hubbard, Patton, Peek, Haltom & Roberts, George L. McWilliams, Texarkana, Tex., for plaintiff-appellee.

Before THORNBERRY, GODBOLD, and TATE, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 6, 1980.

THORNBERRY, Circuit Judge:

This action was brought by Two Rivers Company (Two Rivers), alleging that it purchased from Hi-Pro Feeds, Inc. (Hi-Pro) semen used for artificial insemination of its cattle, and that the semen caused syndactylism in the offspring of its cattle. The semen was marketed by Curtiss Breeding Service, Division of Searle Agriculture, Inc. (Curtiss). Two Rivers' claim for damages against...

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