Justice STEIGMANN delivered the opinion of the court:
In April 2000, plaintiffs, Barry Kleiss and Robert Kleiss, d/b/a Kleiss Produce Farms, filed a complaint against defendants, William Bozdech and Todd Herbert, alleging that Bozdech's and Herbert's use of the herbicide 2,4-D caused damage to crops at Kleiss Farms. In March 2003, Bozdech filed a motion for summary judgment.
In July 2003, Kleiss Farms moved to voluntarily dismiss Herbert as a defendant, and...
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