Frank Svoboda, D/B/A Circle Rain Irrigation Company v. Bowers Distillery, Inc.

Frank Svoboda, d/b/a Circle Rain Irrigation Co., sells and installs irrigation systems in Nebraska and adjacent states. In 1976 he became an authorized dealer for the Pierce Corporation (Pierce) of Eugene, Oregon, a manufacturer of irrigation systems. Bowers Distillery, Inc. (Bowers) is a distiller of mint oil used as flavoring in toothpaste, gum, and other products. In the fall of 1979, Bowers began to relocate its mint-growing operations from Oregon to South Dakota and asked Pierce to submit a bid on a Pierce Circle Master system sufficient to irrigate a 3850-acre tract of land Bowers had…