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QUINTON v. FARMLAND INDUSTRIES, INC.

No. 89-7057.

928 F.2d 335 (1991)

Danny QUINTON, doing business as Quinton's Dairy; Louis Chaffin and Carrol Hayes, doing business as Hayes and Chaffin Dairy; and Bill Loftin, Plaintiffs-Appellees, v. FARMLAND INDUSTRIES, INC., Defendant-Third-Party-Plaintiff-Appellant, v. WESTERN ARKANSAS EXPORT ELEVATOR and Guthrie Cotton Oil Company, Third-Party-Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 12, 1991.

Attorney(s) appearing for the Case

Ray Hodnett, Fort Smith, Ark., and Dan George, Sallisaw, Okl., for plaintiffs-appellees.

Robert P. Redemann and Harold C. Zuckerman of Rhodes, Hieronymus, Jones, Tucker & Gable, Tulsa, Okl., for defendant-third-party-plaintiff-appellant.

Stephen C. Wilkerson of Knight, Wagner, Stuart & Wilkerson, Tulsa, Okl., for third-party-defendants-appellees.

Before ANDERSON, TACHA, and BRORBY, Circuit Judges.

BRORBY, Circuit Judge.

Plaintiffs commenced this strict liability action against defendant Farmland Industries, Inc. (Farmland) to recover damages allegedly incurred when their dairy cattle ingested a corn and pellet feed purchased from Farmland that contained an excessive and harmful level of cockleburs. Farmland subsequently filed a third-party complaint against Guthrie Cotton Oil Co. (Guthrie) and Western Arkansas Export Elevator (WestArk), claiming that any contaminants...

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