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SYNGENTA SEEDS, INC. v. BUNGE NORTH AMERICA, INC.

No. 13-1391.

762 F.3d 795 (2014)

SYNGENTA SEEDS, INC., A Delaware corporation, Plaintiff-Appellant v. BUNGE NORTH AMERICA, INC., a New York corporation, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 8, 2014.

Rehearing and Rehearing En Banc Denied September 15, 2014.

Attorney(s) appearing for the Case

Steven J. Wells , argued ( Daniel J. Brown , Timothy J. Droske , on the brief), Minneapolis, MN, for Appellant.

Christopher Martin Hohn , argued, St. Louis, MO ( John R. Musgrave , Kimberly M. Bousquet , St. Louis, MO, John C. Gray , Sioux City, IA, MO, on the brief) for Appellee.

Before BYE, BRIGHT, and SMITH, Circuit Judges.

BYE, Circuit Judge.

Syngenta Seeds, Inc. (Syngenta) sued Bunge North America, Inc. (Bunge), alleging Bunge (1) breached an obligation under the United States Warehouse Act (USWA), 7 U.S.C. §§ 241-256; (2) breached a duty to third-party beneficiaries of a licensing agreement between Bunge and the federal government; and (3) engaged in false advertising, in violation of the Lanham Act, 15 U.S.C. § 1125. The district court dismissed Syngenta's USWA and...

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