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KLEISS v. CASSIDA

No. 4-97-0604.

696 N.E.2d 1271 (1998)

297 Ill. App.3d 165

231 Ill.Dec. 700

Barry KLEISS and Carolyn Kleiss, d/b/a Kleiss Berry Farm, Plaintiffs-Appellants, v. Jerald CASSIDA, a/k/a Jerry Cassida, and Sandoz Crop Protection Corporation, Defendants-Appellees (James Fish and Ron Hudson, d/b/a Custom Spray Service, and Illini F.S., Inc., Defendants).

Appellate Court of Illinois, Fourth District.

Decided June 26, 1998.

Attorney(s) appearing for the Case

David Stevens (argued), Heller, Holmes & Associates, P.C., Mattoon, for Barry Kleiss.

Mark E. Jackson, Rhonda R. Heinz (argued), Samuels, Miller, Schroeder, Jackson & Sly, Decatur, for Jerald Cassida.

S. Craig Smith (argued), Asher, Smith & Isaf, Paris, for Sandoz Crop Protection Corporation.

Justice COOK delivered the opinion of the court:

Plaintiffs, Barry and Carolyn Kleiss, farm 185 acres of grain crops, fruits, and vegetables in Douglas County. They filed this suit contending they suffered crop damage in 1990. Plaintiffs alleged two separate sprayings of herbicides on nearby farms, one by defendant Jerald Cassida (Cassida) and one by Fish and Hudson Custom Spray Service (Fish and Hudson), damaged their crops because the herbicides contained dicamba...

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