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LYNNBROOK FARMS v. SMITHKLINE BEECHAM CORP.

No. 95-2051.

79 F.3d 620 (1996)

LYNNBROOK FARMS, Plaintiff-Appellant, v. SMITHKLINE BEECHAM CORPORATION, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 21, 1996.

Rehearing and Suggestion for Rehearing Denied April 22, 1996.

Attorney(s) appearing for the Case

Matthew C. Potts, Whitney & Potts, Ltd., Elmwood, IL and James A. Davis (argued), Davis & Associates, Tremont, NE, for Plaintiff-Appellant.

Michael A. Pollard, John M. McGarry, Thomas R. Nelson, Baker & McKenzie, Chicago, IL, Scott A. Smith and Janell M. Gabor (argued), Popham, Haik, Schnobrich & Kaufman, Minneapolis, MN, for Defendant-Appellee.

Before FLAUM, ROVNER and EVANS, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied April 22, 1996.

FLAUM, Circuit Judge.

This case requires us to determine whether certain state common law causes of action asserted against a manufacturer of animal vaccines are preempted by federal law. Plaintiff, Lynnbrook Farms ("Lynnbrook"), sued Smithkline Beecham Corporation ("SBC") alleging that its cattle were injured and many were killed after being inoculated with animal vaccines manufactured...

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