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MALENSKY v. MOBAY CHEMICAL CORP.

85-0211C; CA A48685.

799 P.2d 683 (1990)

104 Or.App. 165

Louis MALENSKY, Jr., Appellant, v. MOBAY CHEMICAL CORPORATION, a Foreign Corporation, Cenex Ag, Inc., a Foreign Corporation, and Full Circle, Inc., an Oregon Corporation, Respondents.

Court of Appeals of Oregon.

Decided October 24, 1990.

Attorney(s) appearing for the Case

John R. Faust, Jr., P.C., Portland, argued the cause, for appellant. With him on the briefs, was Schwabe, Williamson & Wyatt, Portland.

Larry A. Brisbee, Hillsboro, argued the cause, for respondent Mobay Chemical Corp. With him on the brief, was Schwenn, Bradley, Batchelor, Brisbee & Stockton, Hillsboro.

John B. Lewis, Forest Grove, argued the cause and filed the brief, for respondents Cenex Ag, Inc., and Full Circle, Inc.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

DEITS, Judge.

Plaintiff, a raspberry grower, sued the maker and sellers of Metasystox R ("MSR"), an insecticide that plaintiff alleged damaged his black raspberry crop in 1984 by repelling bees essential to pollination.1 His claims were for fraud, negligence and products liability. Judgment was entered for plaintiff on a jury verdict. Defendants' motion for judgment notwithstanding the verdict was allowed, and plaintiff appeals. We reverse...

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