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Potato Grower's Claim Stands In BASF Herbicide Case

Law360 (December 16, 2008, 12:00 AM EST) -- A judge has upheld sweet potato producer Dawson Farms LLC's implied warranty of fitness claim under the Louisiana Products Liability Act against chemical company BASF Corp., in a case alleging that BASF pawned off a defective herbicide.

On Friday, Judge Robert G. James filed an order in the U.S. District Court for the Western District of Louisiana refusing to grant summary judgment to BASF Corp. on the breach of implied warranty of fitness claim.

But the judge said in the opinion that he was prepared to...
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