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MIDWEST OILSEEDS, INC. v. LIMAGRAIN GENETICS CORP.

No. 03-2089.

387 F.3d 705 (2004)

MIDWEST OILSEEDS, INC., Plaintiff/Appellee, v. LIMAGRAIN GENETICS CORPORATION, formerly known as Callahan Enterprises, Inc., Defendant/Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: October 14, 2004.

Rehearing and Rehearing Denied November 24, 2004.

Attorney(s) appearing for the Case

George Pazuniak, argued, Wilmington, DE (John F. Fatino, Des Moines, IA, and Michael Rosiello, Indianapolis, IN, on the brief), for appellant.

Edward M. Mansfield, argued, Des Moines, IA (Roger T. Stetson and Danielle M. Shelton, Des Moines, IA, and Paul D. Burns, Cedar Rapids, IA, on the brief), for appellee.

Before BYE, HANSEN and MELLOY, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 24, 2004.

BYE, Circuit Judge.

The parties to this diversity action together pioneered the marketing of soybean seeds in the 1970s, jointly ventured into the seed-breeding business in the 1980s, and wound up in federal court when their industry entered the biotechnology age. The main issue on appeal is whether restrictions in the parties' 1986 joint-venture agreement (the Agreement) applied to the inheritable...

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