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JONES v. ASGROW SEED CO.

No. 3:89CV7258.

749 F.Supp. 836 (1990)

Phillip JONES, et al., Plaintiffs, v. ASGROW SEED COMPANY, Defendant.

United States District Court, N.D. Ohio, W.D.

September 27, 1990.

Attorney(s) appearing for the Case

Michael D. Martin, Martin & Martin, Lakeland, Fla., John P. Harris, III, Lackey, Nusbaum, Harris, Reny & Torzews, Toledo, Ohio, for plaintiffs.

Richard M. Kerger, Marshall & Melhorn, Toledo, Ohio, for defendant.

MEMORANDUM AND ORDER

WALINSKI, Senior District Judge.

This matter came before the Court for hearing on June 29, 1990 on the matter of unconscionability. Jurisdiction is pursuant to 28 U.S.C. § 1331.

BACKGROUND

Asgrow Seed Company ("Asgrow") sold approximately 12,700 pounds of hybrid tomato seed, Lot # WTP767(7)-61026 ("767") which was labeled as Sunny to plaintiff J & B Tomato ("J & B") in January 1987. The purchase price was...

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