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TAYLOR AG INDUSTRIES v. PURE-GRO

No. 93-16852.

54 F.3d 555 (1995)

TAYLOR AG INDUSTRIES, a general partnership; Salt River Valley Farms, a general partnership; 5J Farms, a general partnership, Plaintiffs-Appellants, v. PURE-GRO, a California corporation; Nor Am Chemical Co.; Miles Inc., an Indiana corporation (formerly Mobay); Black & White Corporations, I-V, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 24, 1995.

Attorney(s) appearing for the Case

William J. Downey, Rake & Downey, Phoenix, AZ, and Patti A. Goldman, Public Citizens Litigation Group, Washington, DC, for plaintiffs-appellants.

James L. Moore, Holtzman, Urquhart, Bayko & Moore, Houston, TX, for defendant-appellee, Miles Inc.

Charles J. Muchmore, Muchmore & Wallwork, Phoenix, AZ, for defendant-appellee, Nor Am Chemical Co.

April V. Pearson, Pure-Gro Co. Law Dept., Brea, CA, and Francis J. Balint, Jr., Bonnett, Fairbourn, Friedman, Hienton, Miner & Fry, P.C., Phoenix, AZ, for defendant-appellee, Pure-Gro Co.

Lawrence S. Ebner, McKenna & Cuneo, Washington, DC, argued on behalf of appellees and on brief for the amicus, Nat'l Agricultural Chemicals Assoc.

Before: CHOY, CANBY, and T.G. NELSON, Circuit Judges.

CHOY, Circuit Judge:

Taylor AG Industries, Salt River Valley Farms, and 5J Farms (collectively "Appellants") appeal the district court's grant of summary judgment on their state law tort and contract claims. The district court granted summary judgment on the ground that the preemption provision of the Federal Insecticide, Fungicide, and Rodenticide Act ("FIFRA"), 7 U.S.C. § 136v(b), preempts all of Appellants' claims. We affirm.

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