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MONSANTO CO. v. GARST SEED CO.

No. ED 89251.

241 S.W.3d 401 (2007)

MONSANTO COMPANY, Respondent, v. GARST SEED COMPANY f/k/a Advanta USA, Inc., Appellant.

Missouri Court of Appeals, Eastern District. Division Three.

December 18, 2007.

Attorney(s) appearing for the Case

Gerard T. Carmody, Erwin O. Switzer, Jeffrey L. Wax, Clayton, MO, for Appellant.

Joseph P. Conran, Mark G. Arnold, Greg G. Gutzler, Steven M. Berezney, Saint Louis, Mo, for Respondent.

OPINION

GLENN A. NORTON, Judge.

Garst Seed Company f/k/a Advanta USA, Inc. ("Garst") appeals from the grant of summary judgment in favor of Monsanto Company ("Monsanto") on Monsanto's claim for declaratory judgment and on Garst's three counterclaims for breach of contract. We reverse and remand.

I. BACKGROUND

A. Relevant Facts and Issues

The relevant facts and issues in this case concern the amount of seed services...

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