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COX v. VELSICOL CHEMICAL CORP.

Civ. A. No. 87-0775.

704 F.Supp. 85 (1989)

Edward N. COX, Sr. and Eileen Cox, Co-Administrators of the Estate of Kenneth Cox, deceased, and on behalf of the heirs of Kenneth Cox, deceased v. VELSICOL CHEMICAL CORPORATION.

United States District Court, E.D. Pennsylvania.

February 2, 1989.

Attorney(s) appearing for the Case

Lee B. Balefsky, Greitzer and Locks, Philadelphia, Pa., for plaintiffs.

Thomas J. Elliot, Baskin Flaherty Elliot & Mannino, P.C., Philadelphia, Pa., for defendant.

MEMORANDUM AND ORDER

ROBERT F. KELLY, District Judge.

The question for decision in defendant Velsicol Chemical Corporation's Motion for Summary Judgment based on Federal Preemption is whether the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), 7 U.S.C. §§ 136-136y, preempts the plaintiffs' state tort claims involving failure to adequately warn.

Plaintiffs' decedent, Kenneth Cox, was employed as a pest control operator for four...

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