PETERSON v. BASF CORP.

No. CX-00-737.

618 N.W.2d 821 (2000)

Ronald PETERSON, et al., individually and on behalf of all others similarly situated, Appellants, v. BASF CORPORATION, foreign corporation, Respondent.

Court of Appeals of Minnesota.

November 14, 2000.


Attorney(s) appearing for the Case

Hugh V. Plunkett, III, Robert K. Shelquist, Plunkett, Schwartz, Peterson, P.A., and Douglas J. Nill, Douglas J. Nill Law Office, Minneapolis, for appellants.

Winthrop A. Rockwell, Brian B. O'Neill, Bruce Jones, John P. Mandler, Faegre & Benson, L.L.P., Minneapolis, and Kenneth F. Johannson, Johannson, Rust, Fagerlund, Yon & Stock, P.A., Crookston, for respondent.

Considered and decided by KLAPHAKE, Presiding Judge, LANSING, Judge, and SCHUMACHER, Judge.


OPINION

KLAPHAKE, Judge

Appellants brought this New Jersey Consumer Fraud Act claim for fraudulent and unconscionable commercial conduct against respondent BASF Corporation, seeking damages for injuries resulting from BASF's marketing of two identical herbicides. The district court granted BASF's motion for summary judgment, concluding that appellants failed to show that there were any genuine issues of material fact. Because fact issues exist as to whether...

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