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UNIVERSAL COOPERATIVES, INC. v. AAC FLYING SERVICE

No. 12-1970.

710 F.3d 790 (2013)

UNIVERSAL COOPERATIVES, INC.; Universal Crop Protection Alliance, LLC, Plaintiffs-Appellants v. AAC FLYING SERVICE, INC.; Cartillar Enterprises, Inc.; Crider's Flying Service; Folden Aviation, Inc.; Forrest Flying Services, Inc., Defendants-Appellees French Agri Services, Inc., Defendant Johnson Flying Services, Inc.; Ken Grubbs Aero, Inc.; Miles Flying Service, Inc.; Scott Flying Service, Inc.; Whirlwind Aviation, Inc., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: March 26, 2013.

Attorney(s) appearing for the Case

Alan Marshall Anderson , argued, Aaron C. Nyquist , on the brief, Minneapolis, MN, for appellants.

Geffrey W. Anderson , argued, Raven M. Atchison , on the brief, Fort Worth, TX, for appellees.

Before RILEY, Chief Judge, WOLLMAN and GRUENDER, Circuit Judges.

GRUENDER, Circuit Judge.

Universal Crop Protection Alliance, LLC, a formulator and distributor of a herbicide known as 2,4-D (or 2,4-D Amine), and its parent company, Universal Cooperatives (collectively, "Universal"), successfully defended a lawsuit brought by a group of cotton farmers in Arkansas state court for damages arising from off-target aerial application of the herbicide. Universal now sues several aerial herbicide applicators (collectively, "Crop Dusters...

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