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RICE v. DOW CHEMICAL CO.

No. 60969-1.

124 Wn.2d 205 (1994)

875 P.2d 1213

HOWARD W. RICE, ET AL, Appellants, v. DOW CHEMICAL COMPANY, ET AL, Respondents.

The Supreme Court of Washington, En Banc.

July 7, 1994.

Attorney(s) appearing for the Case

Stritmatter, Kessler & McCauley, by Paul L. Stritmatter; Richard B. Levenson, for appellants.

Stafford Frey Cooper, by Ronald S. Bemis and Marcus B. Nash, for respondents.

Bryan P. Harnetiaux and Gregg L. Tinker on behalf of Washington State Trial Lawyers Association, amicus curiae for appellants.

BRACHTENBACH, J.

Plaintiffs appeal from two summary judgment orders, ultimately dismissing their personal injury claims against Defendant, Dow Chemical Company (Dow). The trial court granted the separate summary judgment motions on the grounds that: (1) the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. § 136 et seq., preempts state law tort claims to the extent that they are based on failure...

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