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McALPINE v. RHONE POULENC AG CO.

No. 98-678.

16 P.3d 1054 (2000)

2000 MT 383

Thomas P. McALPINE and Ruby McAlpine, husband and wife, and Simmes Brothers, a partnership, Plaintiffs and Appellants, v. RHONE-POULENC AG COMPANY, Defendant and Respondent.

Supreme Court of Montana.

Decided December 28, 2000.

Rehearing Denied February 1, 2001.

Attorney(s) appearing for the Case

Robert T. Bell, John R. Gordon, Reep, Spoon & Gordon, Missoula, MT, For Appellants.

William O. Bronson, Smith, Walsh, Clarke & Gregoire, Great Falls, MT, For Respondent.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 Plaintiffs Thomas and Ruby McAlpine and Simmes Brothers (collectively referred to as "the McAlpines") brought this action against Rhone-Poulenc Ag Company (Rhone-Poulenc) for damages the McAlpines sustained to their crops after applying a herbicide manufactured by Rhone-Poulenc. The District Court for the Ninth Judicial District, Toole County, granted summary judgment in favor of Rhone-Poulenc. On...

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