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TRNKA v. ELANCO PRODUCTS CO., A DIV. OF ELI LILLY

No. 82-2083.

709 F.2d 1223 (1983)

Lester J. TRNKA, Appellant, v. ELANCO PRODUCTS CO., A DIVISION OF ELI LILLY AND COMPANY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 17, 1983.

Attorney(s) appearing for the Case

Jack G. Marcil, Steven K. Aakre, of Tenneson, Serkland, Lundberg, Erickson & Marcil, Ltd., Fargo, N.D., for appellant.

Stephen Plambeck, of Nilles, Hansen, Selbo, Magill & Davies, Ltd., Fargo, N.D., for appellee.

Before ROSS and ARNOLD, Circuit Judges, and SCHATZ, District Judge.

SCHATZ, District Judge.

In this removed diversity action, the plaintiff-appellant, Lester J. Trnka (Trnka), appeals from a summary judgment entered in the district court1 dismissing his complaint. Trnka alleged as his cause of action that the defendant-appellee, Elanco Products Company (Elanco) negligently manufactured a herbicide called Treflan, manufactured and marketed defective Treflan and breached certain warranties in conjunction...

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