STULTS v. AMERICAN POP CORN CO.

No. 14-3658.

815 F.3d 409 (2016)

David STULTS; Barbara Stults, Plaintiffs-Appellants, v. AMERICAN POP CORN COMPANY; ConAgra Foods, Inc.; General Mills, Inc.; Givaudan Flavors Corporation, Defendants. International Flavors & Fragrances, Inc., Defendant-Appellee. Sensient Flavors, LLC, Defendant. Bush Boake Allen Inc., Defendant-Appellee. Symrise Inc.; CHR. Hansen, Inc.; Firmenich, Inc.; John Does 1-20, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: March 4, 2016.


Attorney(s) appearing for the Case

Kenneth Blair McClain , argued Jonathan M. Soper , on the brief, Independence, MO, for Plaintiffs-Appellants.

Don R. Sampen , argued Chicago, IL, ( Edward Kay , Joseph J. Ferrini , Thomas H. Ryerson , Chicago, IL., Jeff William Wright , Sioux City, IA., Michael Alan Holcomb , Earl W. Gunn , Atlanta, GA., on the brief), for Defendant-Appellee.

Before RILEY, Chief Judge, SMITH and SHEPHERD, Circuit Judges.


David Stults (Stults) consumed one to three bags of microwave popcorn each day for approximately twenty years. In 2009, Stults was diagnosed with the lung disease bronchiolitis obliterans, which he attributes to his consumption of a chemical used to give the popcorn its butter flavor. In this diversity action, Stults and his...

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