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KING v. E.I. DUPONT DE NEMOURS AND CO.

No. 92-2381.

996 F.2d 1346 (1993)

Ernest L. KING, Sr., et al., Plaintiffs, Appellants, v. E.I. DUPONT DE NEMOURS AND COMPANY, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided July 7, 1993.

Attorney(s) appearing for the Case

James F. Freeley, III with whom James F. Freeley, Jr. and Freeley & Freeley, Boston, MA, were on brief, for plaintiffs, appellants.

George S. Isaacson with whom Peter D. Lowe, Brann & Isaacson, Lewiston, ME, Charles A. Harvey, Jr., Christopher D. Byrne, Verrill & Dana, Peter J. Rubin, Diane S. Lukac, and Bernstein, Shur, Sawyer & Nelson, Portland, ME, were on brief, for defendants, appellees.

Before BREYER, Chief Judge, FRIEDMAN, Senior Circuit Judge, and STAHL, Circuit Judge.

FRIEDMAN, Senior Circuit Judge.

The issue in this case, on appeal from the United States District Court for the District of Maine, 806 F.Supp. 1030 (D.Me.1992), is whether the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. §§ 136-136y (1988), preempts state tort law claims based upon the alleged failure of the manufacturers of herbicides to provide adequate warning language on the products' labels...

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