Bailey Farms Inc. V. Nor-Am Chemical Co.
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- 0,99 €
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- 0,99 €
Publisher Description
SUHRHEINRICH, Circuit Judge. In this diversity action, plaintiff Bailey Farms, Inc., appeals the district court's dismissal of its negligence and breach of warranty claims against defendant NOR-AM Chemical Company. Defendant NOR-AM cross-appeals the district court's rulings that plaintiff's negligence claim was not preempted by the Federal Insecticide Fungicide and Rodenticide Act, 7 U.S.C.A. §§ 136-136y (1980 & Supp. 1993) ("FIFRA"); and that plaintiff presented adequate proof to withstand summary judgment on the issue of causation.