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VANDALIA RANCH v. FARMERS UNION OIL & SUPPLY

No. 85-356.

718 P.2d 647 (1986)

VANDALIA RANCH, INC., a Montana corporation, Plaintiff and Respondent, v. FARMERS UNION OIL & SUPPLY COMPANY OF HINSDALE, Montana, Monsanto Company, et al., Defendants and Appellants.

Supreme Court of Montana.

Decided May 9, 1986.

Attorney(s) appearing for the Case

Stuart Kellner, Helena, Pearce, Anderson & Durick, Patrick W. Durick argued, Bismarck, N.D., for defendants and appellants.

Smith, Baillie & Walsh, James R. Walsh argued, Great Falls, Robert Hurly, Glasgow, for plaintiff and respondent.

WEBER, Justice.

Defendant Monsanto Company (Monsanto) appeals a jury verdict entered against it and defendant Elanco Products Company (Elanco) in Valley County District Court. The jury awarded plaintiff over $200,000 in damages for loss of its wheat crop which had been treated with herbicides manufactured and marketed by Monsanto and Elanco. We affirm, with modification.

The issues are:

1. Was the District Court in error in disregarding certain disclaimers...

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