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HILL v. BASF WYANDOTTE CORP.

No. 80-1619.

696 F.2d 287 (1982)

Harold Heath HILL, Appellee, v. BASF WYANDOTTE CORPORATION, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided December 15, 1982.

Rehearing Denied March 3, 1983.

Attorney(s) appearing for the Case

Charles E. Carpenter, Jr., Columbia, S.C. (R. Davis Howser, Richardson, Plowden, Grier & Howser, Columbia, S.C., on brief), and James M. Brailsford, III, Columbia, S.C. (Robinson, McFadden, Moore, Pope & Stubbs, Columbia, S.C., on brief), for appellant.

Terry A. Finger, Columbia, S.C. (Karl A. Folkens, William P. Donelan, Jr., Donelan & Donelan, Dudley H. Britt, Jr., Columbia, S.C., on brief), for appellee.

Before PHILLIPS and ERVIN, Circuit Judges, and ROBERT G. DOUMAR, United States District Judge, sitting by designation.

JAMES DICKSON PHILLIPS, Circuit Judge:

In this diversity case controlled by South Carolina law BASF Wyandotte Corp. (BWC), manufacturer of Basalin, an agricultural herbicide, appeals from a judgment in favor of Hill, a farmer who bought Basalin from a retailer and used it with allegedly injurious consequences to his soybean crop. A jury, finding breach of warranty running from BWC as manufacturer to Hill as ultimate purchaser under relevant provisions of the state...

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