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ARKANSAS-PLATTE & GULF PARTNERSHIP v. VAN WATERS & ROGERS, INC.

No. 91-1085.

981 F.2d 1177 (1993)

ARKANSAS-PLATTE & GULF PARTNERSHIP, a Colorado general partnership, Plaintiff-Appellee, v. VAN WATERS & ROGERS, INC., a Washington corporation; The Dow Chemical Company, a Delaware corporation, Defendants-Appellants. National Agricultural Chemicals Association; Western Agricultural Chemicals Association; National Pest Control Association; National Agricultural Aviation Association; Chemical Specialties; American Wood Preservers Institute; Chemical Manufacturers Association; Product Liability Advisory Council, Inc.; Trial Lawyers for Public Justice, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied February 9, 1993.

Attorney(s) appearing for the Case

Richard R. Young, Brent E. Rychener, and Walter H. Sargent, Holme Roberts & Owen, Colorado Springs, CO, for plaintiff-appellee.

David A. Bailey, Dean R. Massey, and Anne D. Weber, Parcel, Mauro, Hultin & Spaanstra, P.C., Denver, CO, for defendant-appellant, Van Waters & Rogers Inc.

C. Michael Montgomery and Peter S. Dusbabek, Montgomery, Green, Jarvis, Kolodny & Markusson, Denver, CO, for defendant-appellant, The Dow Chemical Co.

Before LOGAN and MOORE, Circuit Judges, and ALLEY, District Judge.

OPINION AND ORDER ON REMAND

JOHN P. MOORE, Circuit Judge.

After examining the briefs this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(e); 10th Cir.R. 34.1.9. The cause is therefore ordered submitted without oral argument.

This case is before us on remand from the Supreme Court. ___ U.S. ___, 113 S.Ct. 314, 121...

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