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CIBA-GEIGY CORP. v. MURPHREE

No. 91-CA-0386.

653 So.2d 857 (1994)

CIBA-GEIGY CORPORATION d/b/a Funk Seeds International v. Billy Fred MURPHREE and Charles Chrestman.

Supreme Court of Mississippi.

As Modified on Denial of Rehearing April 20, 1995.

Attorney(s) appearing for the Case

W. Wayne Drinkwater, Jr., Lake Tindall & Thackston, J. Collins Wohner, Jr., Butler Snow O'Mara Stevens & Cannada, Jackson, Joseph C. Gibbs, Clarksdale, for appellant.

Stephen L. Henning, Bailey & Henning, Batesville, Cliff R. Easley, Jr., Easley & Cooper, Bruce, for appellees.

Rebecca L. Wiggs, Watkins & Eager, Jackson, Gary Jay Kushner, Mark D. Dopp, Hogan & Hartson, Washington, DC, Paul S. Minor, Minor & Guice, Biloxi, for amici curiae.

En Banc.

SMITH, Justice, for the Court:

Billy Fred Murphree and Charles Chrestman are farmers in Calhoun County. In 1986 they each planted milo seed of the variety G522DR marketed by Ciba-Geigy and purchased from a local merchant. During the course of planting each noticed that some of the seed seemed smaller than expected but each continued planting.

Chrestman contacted representatives of Ciba-Geigy because he was concerned that the seed was some other variety than...

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