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MacDONALD v. MONSANTO CO.

No. 93-4817.

27 F.3d 1021 (1994)

Charles MACDONALD, et ux and State of Louisiana, Etc., Plaintiffs-Appellees, v. MONSANTO CO., et al., Defendants, Dow Chemical Co., et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 20, 1994.

Attorney(s) appearing for the Case

Terry Lynn Jacobson, Dawson & Sodd, Corsicana, TX, Beth L. Law, Dow Elanco, Indianapolis, IN, for Dow Chemical Co.

David B. Gaultney, Mehaffy & Weber, Beaumont, TX, for Chevron.

Lawrence S. Ebner, McKenna & Cuneo, Washington, DC, for amicus, Nat. Agr. Chemicals Assoc.

Jon B. Burmeister, Ethan L. Shaw, Burmeister & Hulett, Beaumont, TX, for MacDonald.

Thomas J. Solari, Woodley, Williams, Fenet, Palmer, Boudreau & Norman, Lake Charles, LA, for Louisiana State.

Dale Dowell, Rienstra, Dowell & Flatten, Beaumont, TX, for American Optical.

Arthur H. Bryant, Anne W. Bloom, Washington, DC, for amicus, Trial Lawyers for Public Justice.

Before JOHNSON, GARWOOD, and JOLLY, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

This appeal raises the question of whether the labeling requirements of the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), 7 U.S.C. §§ 136-136y (1980 & Supp.1993), preempt parallel state law labeling requirements. Because we find that FIFRA does indeed preempt state laws that are "different from or in addition" to FIFRA requirements, we reverse the district court's denial of summary judgment, and render judgment...

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