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Colorado Lawyer Search - Listings for Peek Stan Atty
Name: Peek Stan Atty
Address: 822 7th St Ste 330 Greeley, CO 80631
Phone Number: 970-352-8611
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Specialties:
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Criminal Law Traffic Offenses Criminal Trial
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Cases related to this attorney's specialties:
MONSANTO COMPANY v. MCFARLING United States Court of Appeals for the Federal Circuit 03-1177, -1228 MONSANTO COMPANY, Plaintiff-Appellee, v. HOMAN MCFARLING, Defendant-Appellant. Seth P. Waxman, Wilmer, Cutler & Pickering, of Washington, DC, argued for plaintiff-appellee. Also on the brief was Joseph C. Orlet, Husch & Eppenberger, LLC, of St. Louis, Missouri. Jim Waide, Waide & Associates, P.A., of Tupelo, Mississippi, argued for defendant-appellant. Appealed from: United States District Court for the Eastern District of Missouri Judge Catherine D. Perry United States Court of Appeals for the Federal Circuit 03-1177, -1228 MONSANTO COMPANY, Plaintiff-Appellee, v. HOMAN MCFARLING, Defendant-Appellant. _ DECIDED: April 9, 2004 _ Before LOURIE, Circuit Judge, PLAGER, Senior Circuit Judge, and CLEVENGER, Circuit Judge. CLEVENGER, Circuit Judge. The United States District Court for the Eastern District of Missouri entered summary judgment against defendant Homan McFarling and in favor of the Monsanto Company ("Monsanto") under Federal Rule of Civil Procedure 54(b) on some, but not all, of the claims being litigated. See Monsanto Co. v. McFarling, No. 4:00CV84 CDP (E.D. Mo. Nov. 15, 2002) (granting final judgment under Rule 54(b)); (E.D. Mo. Nov. 15, 2002) (granting Monsanto's motions for summary judgment). The district court held that, when McFarling replanted some of Monsanto's patented ROUNDUP READYŽ soybeans that he had saved from his prior year's crop, McFarling breached the Technology Agreement that he had signed as a condition of his purchase of the patented seeds. The district court also held that McFarling had failed to demonstrate a genuine issue of material fact that prevented entry of summary judgment on any of his counterclaims or his defenses to Monsanto's breach-of-contract claim. Finally, the district court held that a liquidated damages provisio...
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