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Crusader Radio covers the little publicized cases of Monsanto vs. the farmer (Thursday, Dec. 26, 2002 -- CropChoice news) -- David Dechant, author of the following commentary, will be the featured guest on Crusader Radio (http://www.crusaderadio.com) tonight at 7 central time.
Monsanto vs Homan McFarling: Judge Clevenger understands
by David Dechant
(Thursday, Dec. 5, 2002 -- CropChoice guest commentary) --Monsanto’s prosecution of Percy Schmeiser for saving seed has been well publicized, as it should be. However, Monsanto’s other numerous legal actions against farmers need more publicity. The Monsanto v. Homan McFarling case is one such example.
Last week, the Northeast Mississippi Daily Journal reported that Mississippi soybean farmer Homan McFarland will have to pay Monsanto $780,000, unless the US Supreme Court agrees to hear his case and reverses the US Court of Appeals decision, which had found that the Court for the Eastern District of Missouri had not erred in finding Homan guilty of infringing Monsanto’s patent.
However, one of the three Appeals Court judges, Clevenger, dissented. He referred to Monsanto’s technology agreement as a "contract of adhesion" and, therefore, argued that Monsanto’s clause requiring that any disputes be settled in a Missouri court is unenforceable...http://www.cropchoice.com/leadstry.asp?recid=1175 |