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WORM v. AMERICAN CYANAMID CO.

No. 91-1749.

970 F.2d 1301 (1992)

James T. WORM, Sr.; James T. Worm, Jr.; Robert C. Worm, d/b/a Worm Brothers, d/b/a Jim Bob Farms, Co-partners, Plaintiffs-Appellants, v. AMERICAN CYANAMID COMPANY, a body corporate of the State of Maine, Defendant-Appellee, and Southern States Cooperative, Incorporated, d/b/a Southern States Cooperative, Incorporated — Preston Service, a body corporate of the State of Virginia; Southern States Preston Cooperative, Incorporated, a body corporate of the State of Virginia, Defendants. National Agricultural Chemicals Association, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided June 19, 1992.

Attorney(s) appearing for the Case

Mark Ira Cantor, Cantor & Howard, P.A., Delverne A. Dressel, Baltimore, Md., argued, for plaintiffs-appellants.

Raymond Gerard Mullady, Jr., Piper & Marbury, Baltimore, Md., argued (Brigit A. McCann, on brief), for defendant-appellee.

Lawrence S. Ebner, McKenna & Cuneo, Washington, D.C., argued, for amicus curiae.

Before WIDENER and NIEMEYER, Circuit Judges, and ELLIS, United States District Judge for the Eastern District of Virginia, sitting by designation.

OPINION

NIEMEYER, Circuit Judge:

In this appeal we consider for the first time the extent to which the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), 7 U.S.C. §§ 136-136y (1988), preempts state common law contract and tort actions which touch upon the field of pesticide packaging or labeling. The district court, after considering carefully the only circuit decisions that had by then addressed the question, Papas v. Upjohn Co.,<...

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