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STUMLER v. FERRY-MORSE SEED CO.

No. 80-1864.

644 F.2d 667 (1981)

Andrew STUMLER, Plaintiff-Appellant, v. FERRY-MORSE SEED COMPANY, Thomas S. Castle Farms, Inc., and A. L. Castle, Inc., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 16, 1981.

Attorney(s) appearing for the Case

J. Spencer Harmon, New Albany, Ind., for plaintiff-appellant.

Ernest W. Williams, Louisville, Ky., Jerome F. Jacobi, Jeffersonville, Ind., for defendants-appellees.

Before CUMMINGS and CUDAHY, Circuit Judges, and BONSAL, Senior District Judge.

PER CURIAM.

This is a diversity suit for breach of express and implied warranties in connection with the sale of tomato seeds. In December 1974, plaintiff, an Indiana tomato farmer, bought a quantity of Heinz 1439 VF tomato seed from defendant Ferry-Morse Company, which had bought the seed from defendants Thomas A. Castle Farms, Inc. and A. L. Castle, Inc.1 Heinz 1439 VF seed is described in Ferry-Morse's brochures as producing a particular...

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