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BOWDOIN v. SHOWELL GROWERS, INC.

No. 86-3231.

817 F.2d 1543 (1987)

Rachel BOWDOIN and Billy G. Bowdoin, Plaintiffs-Appellants, v. SHOWELL GROWERS, INC., a Maryland corporation, and FMC Corporation, an Illinois corporation, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 2, 1987.

Attorney(s) appearing for the Case

Levin, Warfield, Middlebrooks, Mabie, Thomas, Mayes & Mitchell, Mark J. Proctor, D.L. Middlebrooks, Pensacola, Fla., M. Dale Marsh, Enterprise, Ala., for Rachel and Billy G. Bowdoin.

A.G. Condon, Jr., Pensacola, Fla., for FMC Corp.

John M. Fite, Panama City, Fla., for Neapco, Inc.

Before VANCE and ANDERSON, Circuit Judges, and WISDOM, Senior Circuit Judge.

WISDOM, Senior Circuit Judge:

This appeal raises a single question: whether the defendants effectively disclaimed the implied warranties of fitness and merchantability with respect to a high pressure spray rig that caused injuries to the plaintiffs. The district court concluded that a disclaimer found in the instruction manual that accompanied the spray rig when it was delivered to the purchaser was conspicuous and therefore effective. We disagree. Even assuming that...

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