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HURT v. DOW CHEMICAL CO.

No. 91-2821.

963 F.2d 1142 (1992)

Irene HURT, Appellant, v. DOW CHEMICAL COMPANY; Rose Exterminator Company, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided May 12, 1992.

Rehearing and Rehearing Denied July 2, 1992.

Attorney(s) appearing for the Case

Mary E. Coffey, St. Louis, Mo., argued, for appellant.

Paul N. Venker, St. Louis, Mo., argued (Frank N. Gundlach and Mary C. Kickham, on the brief, for appellee Dow Chemical Co.

Gary E. Wiseman, St. Louis, Mo., argued (John D. Warner, Jr., on the brief), for appellee Rose Exterminator Co.

Before ARNOLD, Chief Judge, McMILLIAN and HANSEN, Circuit Judges.

Rehearing and Rehearing En Banc Denied July 2, 1992.

ARNOLD, Chief Judge.

This case presents two questions: whether this lawsuit brought by the plaintiff Irene Hurt in a Missouri circuit court was properly removed to federal court; and if so, whether the District Court erred in holding that certain of plaintiff's claims were preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. § 136 et seq. Since we hold that removal...

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