First National Bank Ex Rel. Huckleby v. Nor-Am Agricultural Products, Inc.

OPINION

SUTIN, Judge.

This is an appeal from summary judgment granted in favor of defendants Morton International, Inc. and Nor-Am Agricultural Products, Inc. on plaintiffs’ complaint and on the cross-claim of the co-defendant New Mexico Mill & Elevator Co., d/b/a Golden West Seed Co.

We reverse.

A. Parties

Morton International and Morton Salt Co. are the same entity. Nor-Am is a subsidiary of Morton International and is the national distributor of “Panogen-15”, the product manufactured by Morton. These three defendants will be referred to as “Morton”.

New Mexico Mill & Elevator Co., d/b/a Golden…