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HELENA CHEMICAL CO. v. COX

No. 20-0881.

664 S.W.3d 66 (2023)

HELENA CHEMICAL COMPANY, Petitioner, v. Robert COX, et al., Respondents.

Supreme Court of Texas.

OPINION DELIVERED: March 3, 2023.

Attorney(s) appearing for the Case

Aaron M. Streett , Houston, for Amicus Curiae Chamber of Commerce of the United States of America.

Don Burns , Cody McCabe , for Respondents.

Douglas S. Lang , Dallas, for Amici Curiae Texas Agricultural Aviation Association, Agricultural Retailers Association, National Agricultural Aviation Association, CropLife America, Southern Crop Production Association, Texas Ag Industries Association.

Kinsey Lakey , Geffrey William Anderson , Fort Worth, for Amicus Curiae American Property Casualty Insurance Association.

Elizabeth Geary-Hill , Derek Lee Montgomery , Midland, for Amicus Curiae Texas Wine and Grape Grower Association.

Marc S. Tabolsky , for Amicus Curiae High Plains Wine and Food Foundation.

Stephen Calhoun , Amanda N. Crouch , Robert L. Soza , San Antonio, Danica Lynn Milios , Austin, Jennifer Caughey , Houston, for Petitioner.

The plaintiffs are farmers who claim that an aerial herbicide drifted onto their farms and damaged their cotton crops. The defendant is Helena Chemical Company, which oversaw the aerial application of herbicide that the farmers blame for the damage. The district court granted summary judgment...

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