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CLARK v. VELSICOL CHEMICAL CORP.

Nos. 90-1841, 90-1842.

944 F.2d 196 (1991)

Kenneth R. CLARK, Plaintiff-Appellant, v. VELSICOL CHEMICAL CORPORATION; Forshaw Chemical, Incorporated, Defendants-Appellees. Thomas O. RHYNE, Plaintiff-Appellant, v. VELSICOL CHEMICAL CORPORATION; Forshaw Chemical, Incorporated, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 10, 1991.

Attorney(s) appearing for the Case

Gary Keith Shipman, Shipman, Lea & Allard, Wilmington, N.C. argued (Jennifer L. Umbaugh, on brief), for plaintiffs-appellants.

Katharine Ruth Lat`imer, Spriggs & Hollingsworth, Washington, D.C., argued (Joe G. Hollingsworth, Barbara A. Milnamow, Washington, D.C., Mark Stanton Thomas, Richard Merritt Lewis, Elizabeth Davenport Scott, Maupin, Taylor, Ellis & Adams, P.A., Raleigh, N.C., on brief, for Velsicol Chemical Corp.; Dennis Lorenz Guthrie, Robert K. Trobich, Murchison, Guthrie, Davis & Henderson, Charlotte, N.C., on brief, for Forshaw Chemical, Inc.), for defendants-appellees.

Before SPROUSE and WILKINSON, Circuit Judges, and MacKENZIE, Senior District Judge for the Eastern District of Virginia, sitting by designation.

OPINION

WILKINSON, Circuit Judge:

This case presents a question of the boundaries of federal jurisdiction. The plaintiffs are two United Parcel Service employees who were allegedly injured by a leaking package of insecticide. They maintain that they can bring their negligence action in federal court because their claim involves a substantial federal question — that is, whether federal regulations covering the packaging and handling of hazardous substances...

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