930 F.

2d 21

SOUTHLAND FARMS, INC., Plaintiff-Appellant,

v.
CIBA-GEIGY CORPORATION, Defendant-Appellee.
No. 89-7730.

United States Court of Appeals,

Eleventh Circuit.
April 30, 1991.

Bayless E. Biles, Taylor D. Wilkins, Jr., Wilkins, Bankester, Biles &

Wynne, Bay Minette, Ala., for plaintiff-appellant.
William W. Watts, III, W. Dewitt Reams, Victor T. Hudson, Reams,
Vollmer, Philips, Killion, Brooks & Schell, Mobile, Ala., for defendantappellee.
Appeal from the United States District Court for the Southern District of
Alabama; Virgil Pittman, Judge.
Before HATCHETT, Circuit Judge, RONEY* and FAIRCHILD**, Senior
Circuit Judges.
HATCHETT, Circuit Judge:

This court certified this case to the Supreme Court of Alabama requesting that
Court to answer the following question:

2
Whether
the disclaimer on Ciba-Geigy's product is unconscionable and precludes
the recovery of consequential damages.
3

The Alabama Supreme Court has held that the disclaimer precludes the
recovery of consequential damages. Southland Farms, Inc. v. Ciba-Geigy
Corp., 575 So.2d 1077 (1991).

In light of the Supreme Court of Alabama's decision and for the reasons stated
therein, the district court's decision is affirmed.

AFFIRMED.

See Rule 34-2(b), Rules of the U.S. Court of Appeals for the Eleventh Circuit

**

Honorable Thomas E. Fairchild, Senior U.S. Circuit Judge for the Seventh
Circuit, sitting by designation