Lewis v. Amchem Products, Inc.

TITUS, Judge.

Amchem Products, Inc., defendant and third-party plaintiff, appeals from the order of the Circuit Court of New Madrid County dismissing its third-party petition [Rule 52.11(a), V.A.M.R.] 1 against third-party defendant, Pete Malone, d/b/a Agair Company, Inc. 2

Plaintiffs Lewis (Count I) and Deane (Count II) stated in their petition that in 1970 their respective acreages of soybeans became infested with cockleburs and that they contracted with Malone to treat the infestation with Butyrac 175 via aerial spray. It was averred that defendant Am-chem manufactured the chemical, which it…