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LOWE v. E. I. DuPONT de NEMOURS & CO.

No. 85-2428.

802 F.2d 310 (1986)

Lynn LOWE, Appellant, v. E.I. DuPONT de NEMOURS & CO., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided September 30, 1986.

Attorney(s) appearing for the Case

Johnny P. Arnold, Texarkana, Ark., for appellant.

Nicholas H. Patton, Texarkana, Ark., for appellee.

Before JOHN R. GIBSON, Circuit Judge, HENLEY, Senior Circuit Judge, and STROM, District Judge.

STROM, District Judge.

E.I. DuPont de Nemours & Company (DuPont), manufacturer of the herbicide Lexone, appeals from an adverse jury verdict awarding damages to Lowe for lowered crop yield. This products liability action was originally tried to a jury in December, 1984. After return of a verdict for Lowe in the amount of $15,988, Lowe moved for a new trial. The district court sustained the motion, holding that the jury had improperly relied on evidence of crop...

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