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A court hearing in New York City at the end of this month will determine if a “pre-emptive” lawsuit by a clutch of U.S. and Canadian organic producers against seed and ag chem firm Monsanto will go ahead.

U.S. District Judge Naomi Buchwald said she will hear oral arguments Jan. 31 in Manhattan on a motion by St. Louis, Mo.-based Monsanto to dismiss the suit filed last March 31 by a group of 83 farmers, seed growers and farm organizations.

The suit “seeks court protection for innocent family farmers who may become contaminated by Monsanto seed,” according to a release last week from the Colorado-based lead plaintiff, the Organic Seed Growers and Trade Association (OSGATA).

The suit, the plaintiffs claim, is “to protect themselves from being accused of patent infringement should their crops ever become contaminated by Monsanto’s genetically modified seed.”

“Last August we submitted our written rebuttal and it made clear that Monsanto’s motion was without merit,” OSGATA president Jim Gerritsen, a seed potato grower in northern Maine, said in the release. “Our legal team, from the Public Patent Foundation, is looking forward to orally presenting our position.”