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BURKE v. DOW CHEMICAL CO.

No. CV 90-3344.

797 F.Supp. 1128 (1992)

Mary Ellen BURKE and Kevin Burke, infants, by their mother and natural guardian, Lorraine A. BURKE, Lorraine A. Burke, individually and Kevin Burke, individually, Plaintiffs, v. The DOW CHEMICAL CO., Kenco Chemical & Mfg. Corp., and Core Markets, Inc., Defendants.

United States District Court, E.D. New York.

July 16, 1992.

Attorney(s) appearing for the Case

Stephen Seidner, Fisher & Seidner, Babylon, N.Y., for plaintiffs.

Frederick T. Smith, McCarter & English, New York City, for Dow Chemical.

Karen B. Rabinowitz, Nixon, Hargrave, Devans & Doyle, Garden City, N.Y., for Kenco Chemical and Core Markets.

MEMORANDUM AND ORDER

WEINSTEIN, District Judge:

The claim is that two children are brain damaged because their mother was exposed to a household insecticide while pregnant with them. Relying on state tort law, the parents sue both the manufacturer of the active ingredient and of the final product. Defendants move for summary judgment on the ground that the suit is preempted by the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) and corresponding...

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