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WILLIAMS v. STATE

No. CA 93 0278.

640 So.2d 365 (1994)

Rose WILLIAMS, Rose Williams and Raymond Williams, on Behalf of Their Unborn Child; Tracy Lynn Kinney; Brenda J. Fox; Joyce M. Montgomery; Anna M. Burns; Cynthia Monroe; Marilyn Kendoyce Vinson; Linda C. Range; Sandra Lee Sims; Rhonda Lynn Champagne; Irma Ray McGary and Beverly A. Payne v. STATE of Louisiana, Ford's Chemical and Service, Inc. and Ciba-Geigy Corp.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied April 29, 1994.

Attorney(s) appearing for the Case

Denise Vinet, Jim Ledford, Baton Rouge, for plaintiff-appellant Rose Williams, et al.

Lawrence Durant, Baton Rouge, for defendant-appellee State of LA.

Boris Navratil, Baton Rouge, for defendant-appellee Ford's Chemical and Service, Inc.

Henry Alsobrook, New Orleans, for defendant-appellee Ciba-Geigy Corp.

Errol J. King, Jr., Baton Rouge, for intervenor-appellee Community Health Network of LA, Inc.

Before FOIL, PITCHER and PARRO, JJ.

FOIL, Judge.

At issue in this case is whether plaintiffs' tort claims based on failure to warn are preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C.A. §§ 136-136y. The trial court granted the manufacturers' motions for summary judgment. We hold that plaintiffs' state law claims based on inadequate warnings are preempted by FIFRA, and affirm.

FACTS

Plaintiffs are employed by the State of Louisiana, Department...

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