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BROWN v. ROCKY FARMERS CO-OP., INC.

No. 101536.

118 P.3d 214 (2005)

2005 OK CIV APP 52

Thomas Ernest BROWN, Plaintiff/Appellant, v. ROCKY FARMERS CO-OP, INC., Defendant/Appellee.

Court of Civil Appeals of Oklahoma, Division No. 3.

February 18, 2005.

Attorney(s) appearing for the Case

Anthony G. Mitchell, Talley & Talley, Hobart, OK, for Plaintiff/Appellant.

Douglas L. Jackson, Julia C. Rieman, Gungoll, Jackson, Collins, Box & Devoll, P.C., Enid, OK, for Defendant/Appellee.

Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 3.

CAROL M. HANSEN, Judge.

¶ 1 On January 29, 2002, Defendant, Rocky Farmers Co-op, Inc., applied Velpar, a herbicide, to Plaintiff Thomas Brown's alfalfa field. Sometime in April of 2002, Brown noticed herbicide damage to the alfalfa. On May 6, 2002, Brown filed a complaint with the Oklahoma State Department of Agriculture...

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