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MONSANTO CO. v. SWANN

No. 4:00-CV-1481 CEJ.

308 F.Supp.2d 937 (2003)

MONSANTO COMPANY, Plaintiff, v. Howell Everett SWANN, Jr. a/k/a Hal Swann, et al., Defendants.

United States District Court, E.D. Missouri, Eastern Division.

January 8, 2003.

Attorney(s) appearing for the Case

Adam E. Miller, Joseph C. Orlet, Glennon P. Fogarty, Erik L. Hansell, Husch and Eppenberger, LLC, St. Louis, MO, for Monsanto Company, plaintiff.

Jim Waide, Waide and Chandler, Tupelo, MS, for Hal Swann dba Howell Everett Swann, Swann Farm Partnership dba Howell Everett Swann, defendants.

MEMORANDUM AND ORDER

JACKSON, District Judge.

This matter is before the Court on plaintiff Monsanto Company's summary judgment motion. See Fed.R.Civ.P. 56(c). Defendants Hal Swann, Larry Thomas Swann, and the Swann Farm Partnership oppose plaintiff's motion, and the issues have been fully briefed.

I. Background

Plaintiff has developed genetically modified soybean and cotton plants that are resistant to glyphosate herbicides...

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