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TRAUBE v. FREUND

No. 5-01-0706.

775 N.E.2d 212 (2002)

333 Ill. App.3d 198

266 Ill.Dec. 650

David L. TRAUBE, Plaintiff-Appellant, v. Marcia FREUND and Clarence E. Kloth, Jr., Defendants (American Cyanamid Company, Defendant-Appellee).

Appellate Court of Illinois, Fifth District.

August 14, 2002.

Attorney(s) appearing for the Case

Gregory H. Wolk, Berg, Borgmann, Wilson & Wolk, LLC, St. Louis, MO, for Appellant.

Martha D. Owens, Wildman, Harrold, Allen & Dixon, Chicago; Lawrence S. Ebner, McKenna & Cuneo, L.L.P., Washington, DC, for Appellee.

Justice RARICK delivered the opinion of the court:

David L. Traube (plaintiff) appeals the dismissal of his suit against American Cyanamid Company (American Cyanamid). We affirm.

The controversy between plaintiff and the defendants began in April of 1995 with the application of an agricultural pesticide, Counter 15G (Counter), to acreage owned by defendant Marcia Freund and farmed by defendant Clarence E. Kloth, Jr. The pesticide, manufactured by American...

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