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HIGGINS v. MONSANTO CO.

No. 92-CV-158.

862 F.Supp. 751 (1994)

Richard A. HIGGINS, Plaintiff, v. MONSANTO COMPANY, et al., Defendants.

United States District Court, N.D. New York.

September 26, 1994.

Attorney(s) appearing for the Case

Cherundolo, Bottar Law Firm, Syracuse, NY (John C. Cherundolo, of counsel), for plaintiff.

Hiscock, Barclay Law Firm, Syracuse, NY (Robert Barrer, of counsel), Donahue, Rajkowski Law Firm, St. Cloud, MN (Paul A. Rajkowski, Carol Stark, Thomas Jovanovich, of counsel), for defendant Monsanto.

MacKenzie, Smith Law Firm, Syracuse, NY (Stephen T. Helmer, of counsel), for defendant Lesco Inc.

Sugarman, Wallace Law Firm, Syracuse, NY (Paul Gonzalez, of counsel), for defendant HACO, Inc.

Setright, Ciabotti Law Firm, Syracuse, NY (Victor J. Ciabotti, of counsel), for defendant Lebanon Chemical.

Coulter, Fraser Law Firm, Syracuse, NY (Robert Coulter, of counsel), for defendant Lewis Tree Service A/K/A Monroe Tree Service.

Hancock, Estabrook Law Firm, Syracuse, NY (Donald McCarthy, of counsel), for defendant Dowelanco.

Bond, Schoeneck Law Firm, Syracuse, NY (Thomas R. Smith, of counsel), for defendant Hoechst-Roussel Agri-Vet Co.

MEMORANDUM — DECISION — ORDER

McAVOY, Chief Judge.

This action was originated by Plaintiffs decedent who filed the instant action on December 19, 1991. The decedent's original complaint sounded in negligence, strict liability, and breach of warranty; and was primarily predicated upon inadequate labeling of pesticides. On November 8, 1993, this Court granted Plaintiff leave to amend and substitute, and ordered partial summary judgment for Defendants...

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