a promoter is defined as a nucleotide sequence at the 5 ′ end of a structural gene which directs the initiation of transcription . the structural gene is placed under regulatory control of the promoter . various promoters which are active in plant cells are known and described in the art . these include cauliflower mosaic virus ( camv ) 19s and 35s ; nopaline synthase ( nos ); mannopine synthase ( mas ); actin ; ubiquitin ; zrp ; chlorophyll ab binding protein ( cab ); ribulose bisphosphate carboxylase ( rubisco ); heat shock brassica promoter ( hsp 80 ); and octopine synthase ( osc ). the particular promoter used in the present invention should be capable of causing sufficient expression to result in production of an effective amount of protein . the promoter used in the invention may be modified to affect control characteristics and further may be a composite of segments derived from more than one source , naturally occurring or synthetic . the preferred promoters are camv promoters and particularly camv 35s . the term “ camv 35s ” includes variations of the promoter wherein the promoter may be truncated or altered to include enhancer sequences , to increase gene expression level , and composite or chimeric promoters , wherein portions of another promoter may be ligated onto the camv 35s . a preferred embodiment includes the 5 ′ untranslated region of the native 35s transcript , and more particularly wherein the untranslated region includes about 100 to 150 nucleotides . additionally while 35s promoters are fairly homologous , any 35 s promoter in a preferred embodiment would include the untranslated region of the native 35s transcript . particularly preferred 35s promoters are described in seq id no . 1 and seq id no . 5 . the promoter as described in seq id no . 1 as part of the claimed construct may have particular advantage in that the construct may be expressed in pollen tissue . an intron is a transcribed nucleotide sequence that is removed from the rna transcript in the nucleus and is not found in the mature mrna . such sequences are well known in the art , and monocot introns include but are not limited to sucrose synthetase ( ss ); glutathione transferase ; actin ; and maize alcohol dehydrogenase introns . an exon is part of a gene that is transcribed into a mrna and includes non - coding leader and / or trailer sequences . an exon may code for a specific domain of a protein . having native exon sequences around an intron may improve the introns splicing activity or the ability of the nuclear splicesomal system to properly recognize and remove the intron . according to the invention , a preferred embodiment includes the native exon in the first cassette and more particularly 50 or more nucleotide bases of the native exon on each side of the intron is preferred . a gene refers to the entire dna sequence involved in the synthesis of a protein . the gene includes not only the structural or coding portion of the sequence but also contains a promoter region , the 3 ′ end and poly ( a ) sequences , introns and associated enhancers or regulatory sequences . a structural heterologous gene is that part of a dna segment which encodes a protein , polypeptide or a portion thereof , and one which is not normally found in the cell or in the cellular location where it is introduced . the dna sequence of a structural heterologous gene of the present invention include any dna sequence encoding a crystal toxin insecticidal protein . the preferred toxins include but are not limited to cry1aa , cry1ab , cry1ac , cry1b , cry1c , cry1d , cry1e , cry1f , cry1g , cry2a , cry2b , cry3a , cry3b , cry3c , cry4a , cry4b , cry4c , cry4d , cry5a , cry9c , cyta and any fusion protein or truncated gene that encodes one or more of the abovementioned toxins or a mixture thereof . particularly preferred toxins include cry1aa , cry 1ab , cry1ac , cry1c , cry2a , cry3c , cry1e , cry5a , cry9c and any mixture or fusion protein thereof . in the present specification , the term fusion protein is used interchangeably with the terms fusion toxin and hybrid protein and is a protein consisting of all or part of an amino acid sequence ( known as a domain ) of two or more proteins , and is formed by fusing the protein encoding genes . an example of a dna sequence useful in the cassette of this invention is a dna sequence encoding a fusion toxin wherein the toxin is cry1ab / cry1c and cry1e / cry1c . the domains comprising the fusion protein may be derived from either naturally occurring or synthetic sources . many cry1ab genes have been cloned and their nucleotide sequences determined . a holotype gene sequence of cry1ab has accession number m13898 ( the genbank v . 70 / embl v . 29 ). a number of studies reveal that the amino terminal end of the cry1a protein is responsible for the insecticidal activity . this region depends on the particular protein but in general include a truncated gene that encodes from about amino acid 25 to amino acid 610 of the protein . in the present invention , a preferred cry1ab gene includes a synthetic gene encoding the toxin domain of the protein produced by the bt kurstaki ( k ) hd - 1 gene wherein the g + c content of the btk gene is increased and the polyadenylation sites and attta regions are decreased . u . s . pat . no . 5 , 500 , 365 , which is hereby incorporated in its entirety discloses a synthetic btk hd - 1 and hd - 73 gene , and truncated hd - 1 and hd - 73 genes . a particularly preferred cry1ab gene of this invention is the sequence as described in seq id no . 3 . other preferred genes include those that are functionally equivalent to cry1ab . these genes include all cry1ab , cry1aa , cry1ac and variants thereof wherein the expressed protein toxin is active against one or more major maize lepidoptera insect pests . the insect pests include the aforementioned european corn borer , southwestern corn borer , fall armyworm , and corn earworm . the second structural gene that is part of the invention includes a dna sequence encoding a selective marker for example , antibiotic or herbicide resistance including cat ( chloramphenicol acetyl transferase ), npt ii ( neomycin phosphototransferase ii ), pat ( phosphinothricin acetyltransferase ), als ( acetolactate synthetase ), epsps ( 5 - enolpyruvyl - shikimate - 3 - phosphate synthase ), and bxn ( bromoxynil - specific nitrilase ). a preferred marker sequence is a dna sequence encoding a selective marker for herbicide resistance and most particuarly a protein having enzymatic activity capable of inactivating or neutralizing herbicidal inhibitors of glutamine synthetase . the non - selective herbicide known as glufosinate ( basta ® or liberty ®) is an inhibitor of the enzyme glutamine synthetase . it has been found that naturally occurring genes or synthetic genes can encode the enzyme phosphinothricin acetyl transferase ( pat ) responsible for the inactivation of the herbicide . such genes have been isolated from streptomyces . specific species include streptomyces hygroscopicus ( thompson c . j . et al ., embo j ., vol . 6 : 2519 - 2523 ( 1987 )), streptomyces coelicolor ( bedford et al , gene 104 : 39 - 45 ( 1991 )) and streptomyces viridochromogenes ( wohlleben et al . gene 80 : 25 - 57 ( 1988 )). these genes including those that have been isolated or synthesized are also frequently referred to as bar genes . as used herein the terms “ bar gene ” and “ pat gene ” are used interchangeably . these genes have been cloned and modified for transformation and expression in plants ( epa 469 273 and u . s . pat . no . 5 , 561 , 236 ). through the incorporation of the pat gene , corn plants and their offspring can become resistant against phosphinothricin ( glufosinate ). a preferred coding segment of a bar gene of the present invention is the sequence described in seq id no . 7 . the structural gene of this invention may include one or more modifications in either the coding region or in the untranslated region which would not substantially effect the biological activity or the chemical structure of the expression product , the rate of expression or the manner of expression . these modifications include but are not limited to insertions , deletions , and substitutions of one or more nucleotides , and mutations . the term homology as used herein refers to identity or near identity of nucleotide or amino acid sequences . the extent of homology is often measured in terms of percentage of identity between the sequences being compared . it is understood in the art that modification can occur in genes and that nucleotide mismatches and minor nucleotide modifications can be tolerated and considered insignificant if the changes do not alter functionality of the final product . as in well known in the art the various cry1a genes have very similar identity and reference in made to the article by yamamoto and powell , advanced engineered pesticides , 1993 , 3 - 42 which includes a dendrogram table showing sequence homology among full length crystal proteins obtained from the genbank data base for a full length comparision . termination sequences are sequences at the end of a transcription unit that signals termination of transcription . terminators are 3 ′ non - translated dna sequences that contain a polyadenylated signal . examples of terminators are known and described in the literature . these include but are not limited to nopline synthase terminator ( nos ); the 35s terminator of camv and the zein terminator . other elements may be introduced into the construct for examples matrix attachments region elements ( mar ). these elements can be positioned around an expressible gene of interest to effect an increase in overall expression of the gene and to diminish position dependent effects upon incorporation into the plant genome . transformation means the stable integration of a dna segment carrying the structural heterologous gene into the genome of a plant that did not previously contain that gene . co - transformation is transformation with two or more dna molecules . frequently one segment contains a selectable gene generally one for antibiotic or herbicide resistance . as used herein the term plant tissue is used in a wide sense and refers to differentiated and undifferentiated plant tissue including but not limited to , protoplasts , shoots , leaves , roots , pollen , seeds , callus tissue , embryos , and plant cells ( including those growing or solidified medium or in suspension . the dna construct of this invention may be introduced into a plant tissue by any number of art recognized ways . these included , but are not limited to , direct transfer of dna into whole cells , tissue or protoplasts , optionally assisted by chemical or physical agents to increase cell permeability to dna , e . g . treatment with polyethylene glycol , dextran sulfate , electroporation and ballistic implantation of dna coated particles . the following references further detail the methods available : biolistic transformation or microprojectile bombardment ( u . s . pat . nos . 4 , 945 , 050 ; 5 , 484 , 956 ; mccabe et al ., annual rev . genet . 22 : 421 - 477 ( 1988 ); klein et al ., proc . natl . acad . sci . usa , 85 : 4305 - 4309 ( 1988 ); klein et al ., bio / technology 6 : 559 - 563 ( 1988 ); gordon - kamm et al ., plant cell 2 : 603 - 618 ( 1990 ); and vasil et al ., bio / technogy 11 : 1553 - 1558 ( 1993 ); protoplast transformation — epa 0 292 435 ; epa 0 465 875 ; and u . s . pat . no . 5 , 350 , 689 ; microinjection — crossway et al ., biotechniques 4 : 320 - 334 ( 1986 ); direct gene transfer — paszkoski et al ., embo j . 3 : 2717 - 2722 ( 1984 ); electrotransformation — u . s . pat . no . 5 , 371 , 003 ; and electroporation — rigg et al ., proc . natl , acad . sci . usa 83 : 5602 - 5606 ( 1986 ). transformation is also mediated by agrobacterium strains , notably a . tumefaciens and a . rhizogenes , and also by various genetically engineered transformation plasmids which include portions of the t - dna of the tumor inducing plasmids of agrobacteria . epa 0 604 662a1 , japan tobacco inc . ; hinchee et al ., biotechnology 6 : 915 - 921 ( 1988 ). also see potrykus , i . annu . rev . plant physiol . plant mol . biol . 1991 , 42 : 205 - 225 . the choice of a particular method may depend on the type of plant targeted for transformation . transformed plants may be any plant and particularly corn , wheat , barley , sorghum , and rice plants , and more particularly corn plants derived from a transformant or backcrossing through further breeding experiments . the plasmid pzo1502 can be considered to consist of three basic regions ; the base plasmid vector , an expression cassette for the btk gene , and an expression cassette for the pat gene . for convenience , the various parts were constructed separately and then combined into the final plasmid . in order to assemble the desired elements for the btk and pat gene expression cassettes , the restriction sites used to generate the desired elements sometimes required modification . the following example demonstrates the procedure used to produce the pzo1502 plasmid . one skilled in the art could devise alternate ways to construct the final transformation plasmid . the base vector , puc18 ( genbank accession l08752 , norrander , j . m ., et al ., 1983 . gene 26 : 101 - 106 ), was modified by replacing the ecoo 109 i restriction site with a bgl ii linker ( digestion with ecoo 109 i , fill in with t4 polymerase , and addition of a bgl ii linker ). this base vector was further modified to replace the bsph i sites at 1526 and 2534 with not i restriction sites ( vector cut with bsph i , filled in , and replaced with stu i linkers ; the stu i site was then cut and not i linkers added ). the addition of the not i restriction sites provided a convenient way to produce a linear dna fragment containing the two desired gene cassettes ( btk and pat ) separated from the ampicillin gene sequence ( required for plasmid production in e . coli ). this linearization also significantly increased protoplast transformation frequency . the final base vector was named pzo997b ( fig2 ). the dde i to dde i fragment of the 35s promoter from cauliflower mosaic virus ( strain cm1841 , genbank accession # v00140 , gardner , r . c ., et al ., 1981 . nucleic acids res . 9 : 2871 - 2888 ) ( seq id no . 1 ) was converted to sac i by addition of linkers and cloned into the sac i site of the polylinker region of a puc19 based vector . the sixth intron from maize adh1 - 1s gene ( genbank accession x04049 , dennis , e . s ., et al ., 1984 . nucleic acid res . 12 : 3983 - 4000 ) was isolated as a pst i to hpa ii fragment , converted with bamh i linkers ( seq . id no . 2 ), and cloned into the bamh i poly linker site 3 ′ to the 35s promoter . the 3 ′ terminator from nopaline synthetase , nos , ( genbank accession v00087 , bevan , m ., et al ., 1983 . nucleic acids res . 11 : 369 - 385 ) ( seq . id no 4 ) was isolated as ˜ 250 bp fragment with pst i and bgl ii . the bgl ii site was polished with t4 polymerase , a hind iii linker added , and the fragment inserted behind a gus gene construct using the pst i and hind iii sites . the gus gene was cloned into the sal i to pst i site of the polylinker . the gus construct utilized a synthetic linker ( sal i to nco i , which provides for an a nucleotide at the − 3 position from the translation start atg : gtcg a cc atg g ) ( seq id no . 9 ). the pst i site was then trimmed , a bcl i linker added , and the gus gene sequence replaced with a synthetic gene encoding a cry1ab toxin ( seq . id no . 3 ) as a nco i to bgl ii insert to produce the vector pzo960 ( fig1 ) although composed of similar elements , the pat expression cassette was derived from a different series of cloning steps . the 35s promoter ( seq id no . 5 ) was obtained as a hinc ii to dde i fragment from the cauliflower mosaic virus ( strain cabb - s , genbank accession # v00141 , franck , a ., et al ., 1980 . cell 21 : 285 - 294 ) and converted to bamh i — xba i with linkers . the second intron sequence from maize adh1 - 1s ( genbank accession x04049 , dennis , e . s ., et al ., 1984 . nucleic acid res . 12 : 3983 - 4000 ) ( seq id no . 6 ) was isolated as a xho ii to xho ii fragment and cloned into the bamh i site of puc12 , converting the xho ii sites to bamh i . as a bamh i fragment it was cloned into the bgl ii site of a synthetic polylinker ( asu ii , bgl ii , and xho i ). the asu ii site was then filled in and ligated to the ( filled in ) xba i site of the 35s promoter fragment . the synthetic pat gene sequence was subcloned from plasmid poac / ac ( obtained from dr . peter eckes , massachusetts general hospital , boston mass . ( seq id no . 7 ) as a sal i to pst i fragment and combined with the 35s / adhivs2 promoter ( xho i ) and the 3 ′ nos terminator sequence pst i to bgl ii ( genbank accession v00087 , bevan , m ., et al ., 1983 . nucleic acids res . 11 : 369 - 385 ) ( seq id no . 8 ). these pieces were all combined with the pzo997b base vector to produce the pat expression vector pzo1500 ( fig3 ). as the final construction step , the btk expression cassette was subcloned from pzo960 as an ecor i - hind iii fragment and inserted into the ecor i - hind iii polylinker site of pzo1500 to produce the final vector , pzo1502 ( fig4 ). the amp ( beta - lactamase ) gene was removed prior to plant transformation by digestion with noti . pzo1502 has been deposited with the american type culture collection ( atcc ), 12301 parklawn drive , rockville , md . 20852 - 1776 usa pursuant to the budapest treaty prior to the filing of this application and accorded accession number 209682 , and the complete sequence of this plasmid is disclosed in seq . id no . 9 . the initial parental transformation of the corn line to be planted was accomplished through insertion of a dna fragment from plasmid pzo1502 , containing the two cassettes of btk and the pat gene , into the genome of a proprietary corn cell line owned by hoerchst ag ( frankfurt germany ). the transformation was performed using a protoplast transformation and regeneration system as described in detail in european patent application publication number 0 465 875 a , published jan . 15 , 1992 and european patent application publication number 0 469 273 a , published feb . 5 , 1992 and theor . appl . gent . 80 : 721 - 726 ( 1990 )). the contents of which are hereby incorporated by reference . after some weeks on selective media putative transformant clumps of cells were observed and transformed protoplasts were selected in vitro with a glufosinate - ammonium herbicide . sixteen leaf producing genetically transformed corn lines were obtained from protoplasts treated with the gene expression cassette from pzo1502 . one of these lines was designated as transformant number 11 . this transformant was grown to maturity . the bt - 11 r0 transformed plants were pollinated with nontransformed northrup king elite inbred male parents and r 1 seed was collected . descendants of the initial crossing have been successively backcrossed and test crossed to establish and evaluate corn lines carrying the btk gene . such lines are described more fully in the examples 8 and 9 below and have been deposited with the atcc pursuant to the budapest treaty . expression of the btk gene was tested by transforming the bt gene vector pzo960 into bms ( black mexican sweet ) corn cells . protoplasts were isolated from a suspension culture bms cell line and electroporated to induce dna uptake essentially as described in sinibaldi , r . m . and mettler , i . j ., 1992 , in : progress in nucleic acid research and molecular biology ( w . e . cohn and k . moldave , eds .) academic press , san diego , vol . 42 : 229 - 259 . cells which had stably incorporated dna were selected by co - transformation with a plasmid containing a kanamycin resistance selectable gene . a number of independent transgenic events were selected by the expression of the antibiotic resistance to kanamycin . approximately 1 gram of each transgenic line was then used to test for biological activity against neonate larvae of manducca sexta . control , non - transformed , bms callus tissue supported normal growth of the larvae throughtout the test period . transgenic callus lines were then rated for the degree of growth inhibition . as shown in table 1 , out of 33 bms lines co - transformed with pzo960 , 6 lines were positive for insecticidal activity showing complete growth inhibition and 100 % mortality within 2 or three days . quantitative elisa assays showed that the transgenic tissues produced an average of 3 . 1 ng of bt protein per mg of total extracted protein . the original genetic stock into which the btk sequence was transformed was designated he89 . the ro plants were used as the female parent for initial crosses to two , elite northrup king proprietary inbred lines for which btk - conversion was sought . multiple backcrosses were conducted into many additional inbred lines with individuals selected that contained the insertion sequence but were , otherwise , as similar to the elite recurrent parents as possible . four or more backcrosses and selfing to homozygosity were used in the conversion process . finished conversion stocks were evaluated with a series of 50 or 60 rflp probes selected to be well distributed throughout the genome . genotypes of the btk converted inbreds were compared to those of their recurrent parent isolines . they were generally identical or nearly identical for all genetic markers , except for three probes on a small segment of the long arm of chromosome 8 . all conversion stocks differ from the genotype of the transformed stock , he89 , for this segment , thus differing from the recurrent parents . there were no other genomic regions with consistent differences between btk - conversions and their recurrent parents . these three probe exist within 10 centimorgans ( cm ) of one another at the approximate position of the public probe umc30a , which has been placed at map position 117 in the 1995 map of rflp probe positions distributed by the university of missouri at columbia . a series of 95 backcross progeny were further characterized with numerous probes in the region of chromosome 8 identified above . the size of the “ donor ” dna segment varied among these progeny . however , five of the progeny failed to contain the donor alles at the flanking markers : z1b3 and umc150a , despite presence of the btk sequence . these two probes are approximately 15 cm apart on chromosome 8 . thus , the insertion site is within a 15 cm region on the long arm of chromosome 8 , near position 117 , and in the interval flanked by two markers : z1b3 and umc150a the bt11 transgenic seeds backcrossed into inbred line haf031 were sown in the greenhouse and sprayed with basta herbicide at the four leaf stage . resistant plants and control , untransformed , haf031 inbred plants were then used for dna extraction and southern blot analysis ( t . maniatis , e . f . fritsch and j . sambrook , 1982 , molecular cloning a laboratory manual , cold spring harbor laboratory ) the genomic dna samples were digested with following restriction enzymes and probed with labeled dna for btk and pat gene sequences . the first enzyme combination utilized 2 restriction sites present on the plasmid dna . the next two enzymes had only one known location and would be expected to cut the genomic dna at a distant site in the plant dna . the actual size of any observed fragment depends on the insertion event . the number of bands can be used to estimate insertion copy number — each gene copy would produce a unique band on the southern blot . the results of a southern blot are summarized in table 2 these data show that the bt11 transgenic lines are derived from a single insertion event containing one gene copy of the bt and pat gene sequences . the dna probe fragments were isolated from the original plasmid vector pzo1502 : btk = sal i and sac i fragment and pat + sal i fragment . fresh tissue samples ( 30 - 50 mg ) were ground on ice in ˜ 5 volumes of extraction buffer ( 100 mm tris - hcl , ph 7 . 5 ), 3 mg / ml dithiothreitol and 0 . 3 mg / ml bovine serum albumin ( bas fraction v ). the homogenate was centrifuged to clarity ( 12 , 000 × g for 5 min ). approximately 2 μl of extract was added to the reaction mixture containing the extraction buffer plus 125 μm acetyl coa and 250 μm phosphinothricin . the enzymatic reaction was allowed to proceed for 1 hour at 37 ° c . the reaction mix was then spotted onto tlc silica gel plates ( baker si250 - pa ( 19c )). the plate was chromatographed for 2 - 3 hours with isopropanol : nh4oh ( 3 : 2 ), air dried and vacuum dried in an oven at 80 ° c . the plates were then exposed to x - ray film for 1 - 4 days . the results of a typical assay confirm the presence and enzymatic activity of the pat protein in the bt lines . the segregation of the btk gene and the pat gene were followed in multiple generations . eight f1 corn plants identified as containing the btk and pat genes were selfed to produce a s1 population . the s1 population was screened for resistance to ecb and ignite ® herbicide . all plants were either resistant to ecb and ignite or susceptible to both . the segregation ratios were consistent with an expected ratio of 3 : 1 for a single dominant locus . trials were conducted using a randomized complete block design . two replicates were planted at three locations across three states in two - row plots . hybrids were grouped according to relative maturity and planted at appropriate sites based on maturity . southern trials contained six btk hybrids and four non - btk control hybrids . the northern trials consisted of eight btk hybrids and two non - btk hybrids . plants were artificially infected as they approached the v6 stage of growth . approximatety fifty larvae were appplied to ten plants in the first row of each plot every three to four days over a two and one - half week period . by the end of the first generation infesting , each plant had been infected with at least 200 neonate larvae . just prior to tassel emeregnce , 1 - 9 leaf damage ratings were assigned to each of the ten plants per plot . the rating scale of gurthie , w . d ., et al . ( 1960 , “ leaf and sheath feeding resistance to the european corn borer in eight inbred lines of dent corn ”, ohio ag . exp , sta . res . bull . 860 ) was used , wherein 1 = no damage or few pinholes , 2 = small holes on a few leaves , 3 = shot - holes on serval leaves , 4 = irregular shaped holes on a few leaves , and 9 = several leaves with many emerging elongated lesions . as plants began to shed pollen , second generation ecb infestation began . the first ten plants of the first row of each plot were infected with 40 - 50 larvae every three to four days over a two and one - half week period . eventually every plant had been infected with approximately 200 more larvae . after approximately 45 to 50 days , plants were dissected from top to the ground and the total length of tunnels created by ecb feeding was estimated and converted to centimeters for reporting . analysis of variance and least significant difference mean separation were used to analyze the results . average leaf feeding damage scores were approximately 3 . 9 on non - btk hybrids and 1 . 1 for btk hybrids wherein 1 on the scale of 1 to 9 represents no damage . average stalk damage represented as centimeters tunneled per plant , was approximately 4 . 9 cm in the non - btk control hybrids . the btk hybrids displayed only approximately 0 . 2 cm of tunneling per plant . in all cases , the difference between btk hybrids and non - btk hybrids was significant at a p - value of less than 0 . 01 based on avova and lsd mean separation . field tests conducted to determined the resistance of btk hybrids and non - btk hybrids for southwestern corn borer and fall armyworm also indicated that btk hybrids showed excellent potential for assisting in the control of these insect pests . inbred backcrossing of bt11 event material as described in example 4 into novartis ( rogers ) elite inbred sweet corn lines was carried out to obtain bt11 inbred sweet corn lines , including inbreds r327h , r372h , r412h , r583h and r660h . these inbreds and their f1 hybrid progeny all contain the btk insert as described above at the location described above and exhibit insect resistance and herbicide resistance as for the other lines descended from the bt11 event . for example , 2500 seeds of each of these lines were deposited with atcc prior to the filing of this application pursuant to the budapest treaty and accorded accession numbers as follows : r327h : atcc accession no : 209673 , deposited mar . 11 , 1998 , r372h : atcc accession no : 209674 , deposited , mar . 11 , 1998 , r412h : atcc acession no : 209675 , deposited mar . 11 , 1998 , r583h : atcc acession no : 209671 , deposited mar . 11 , 1998 and r660h : atcc accession no : 209672 , deposited mar . 11 , 1998 . these lines were evaluated at nampa , id . and stanton , minn . during the summer and fall of 1997 , and characterized in relation to a standard reference inbred ( iowa5125 , from north central region plant introduction center , ames , iowa ) having similar background and maturity , as depicted on the following table . ( all measurements are in centimeters unless otherwise noted . colors are according to munsell color code chart .) inbred backcrossing of bt11 event material as described in example 4 into novartis ( rogers ) elite inbred field corn lines was carried out to obtain bt11 inbred field corn lines , for example yellow dent inbred lines 2044bt , 2070bt , 2100bt , 2114bt , 2123bt , 2227bt , 2184bt , 2124bt , and 2221bt . these inbreds and their hybrid progeny all contain the btk insert as described above at the location described above and exhibit insect resistance and herbicide resistance as for the other plants descended from the bt11 event . 2500 seeds of each of the following lines were deposited with atcc pursuant to the budapest treaty and accorded deposit numbers as follows : 2044bt : atcc203943 , 2070bt : atcc20394 , 2227bt : attc203941 , 2184bt : attc203942 , and 2221bt : bt11 inbreds were also made by marker assisted inbred conversion of the following lines , np948 ( atcc 209406 ), np2017 ( atcc 209543 ), np904 ( atcc 209458 ), np2010 ( atcc ), all deposited with atcc pursuant to the budapest treaty to obtain 2100bt , 2114bt , 2123bt and 2124bt respectively . hybrids from bt11 inbred conversions were evaluated extensively against hybrids from isogenic , non - transgenic parents in a number of field trials . in general , there was a significant yield advantage to the bt11 version . there was no attempt to control natural infestations of european corn borers in these trial locations . grain moisture at harvest is sometimes slightly higher in the bt11 version . this can often be attributed to the improved plant health , due to reduced stalk rot . in some cases , grain test weight is higher in the bt11 version , which can also reduce the rate of grain dry down . stalk lodging is typically lower in the bt11 versions . push test and late season intactness are also typically better in bt11 versions . in some cases , stay green is better . plant and ear height are sometimes slightly higher in the bt11 version . for other traits , no consistent detrimental changes in performance have been observed . 2124bt , 2221bt , and 2070bt are southern ( late ) maturities , whereas 2044bt , 2100bt , 2114bt , 2227bt , 2184bt , and 2123bt are northern ( early ) maturities . these inbred bt lines have the following general characterization : 2044bt — dark - reddish purple silk , slight pale green color , very slightly faded chlorotic stripes in leaves , medium tall , medium ear placement , purple tip to glume 2100bt — green - yellow silk , medium - short plant height , medium low ear placement , green with purple glume , light green overall appearance 2114bt — dark reddish purple silk , small tassel , slight crook in stalk nodes , slight pale green color , medium tall , medium ear placement , higher yielding than 2044bt 2227bt — very thin loose husk at harvest , root lodges , medium plant height , medium ear placement 2184bt — medium plant height , medium ear placement , very light pollen shedder , green yellow silk color , pale purple anther 2123bt — green with purple glumes , purple anther , green yellow silk , medium plant height
the present invention is drawn to a novel dna construct comprising an expression cassette having a constitutive promoter which functions in plant cells operably linked to a maize alcohol dehydrogenase intron , a dna sequence of a gene encoding a cry 1ab protein , and a terminator functional in plants and optionally further comprising a second cassette including a promoter which functions in plants operably linked to a maize alcohol dehydrogenase intron , a dna sequence of a gene encoding for phosphinothricin acetyl transferase , and a terminator functional in plants wherein the two cassettes are transcribed in the same direction . also provided are transgenic plants , particularly maize plants , having such a construct stably incorporated into their genomes .