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BROWER v. E.I. DuPONT DE NEMOURS AND CO.

No. 17920.

792 P.2d 345 (1990)

117 Idaho 780

Jerry BROWER and Connie Brower, husband and wife, Plaintiffs-Appellants, v. E.I. DuPONT DE NEMOURS AND COMPANY, aka DuPont, Defendants-Respondents.

Supreme Court of Idaho.

May 24, 1990.

Attorney(s) appearing for the Case

Dean Williams, Blackfoot, for plaintiffs-appellants.

Merrill & Merrill, Pocatello, for defendants-respondents. N. Randy Smith argued.

McDEVITT, Justice.

Appellant, Jerry Brower, filed suit on February 4, 1987 for damages resulting from the application of a DuPont herbicide to his farm. Brower was introduced to DuPont's "Glean" when he inquired about a means of eliminating a thistle problem. Glean at that time was still an experimental product, so Brower obtained the product through DuPont's experimental use permit, although the actual purchase of the product was from a local co-op.

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