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BRITZ FERTILIZERS, INC. v. BAYER CORP.

No. 1:06-CV-00287-OWW-DLB.

665 F.Supp.2d 1142 (2009)

BRITZ FERTILIZERS, INC., Plaintiff, v. BAYER CORPORATION; Bayer CropScience, LP; et al., Defendants.

United States District Court, E.D. California.

October 16, 2009.

Attorney(s) appearing for the Case

Eric J. Sousa, George Pete Rodarakis, Roger M. Schrimp, Damrell Nelson Schrimp Pallios Pacher and Silva PC, Modesto, CA, Ted R. Frame, Frame & Matsumoto, Coalinga, CA, for Plaintiff.

Stephen Teale Clifford, T. Mark Smith, Clifford & Brown, P.C., Bakersfield, CA, for Defendants.

MEMORANDUM DECISION AND ORDER RE: (1) DEFENDANTS' MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION (DOC. 106); AND (2) DEFENDANTS' MOTION FOR SUMMARY ADJUDICATION (DOC. 112)

OLIVER W. WANGER, District Judge.

I. INTRODUCTION

Before the court are two motions both jointly filed by Defendants Bayer Corporation and Bayer CropScience LP (collectively, "Bayer"). In the first motion, Bayer moves for summary judgment or, in the alternative...

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