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ROMAH v. HYGIENIC SANITATION CO.

705 A.2d 841 (1997)

Eugene M. ROMAH and Mary Lou Romah, His Wife, Appellants, v. HYGIENIC SANITATION COMPANY, a Corporation and the Dow Chemical Company, a Corporation, Appellees.

Superior Court of Pennsylvania.

Filed November 12, 1997.

Reargument Denied January 26, 1998.

Attorney(s) appearing for the Case

Thomas M. Castello, Pittsburgh, for appellants.

James A. McGovern, Pittsburgh, for Hygienic, appellee.

George E. Yokitis, Pittsburgh, for Dow Chemical, appellee.

Before DEL SOLE, POPOVICH and HESTER, JJ.

POPOVICH, Judge.

This is an appeal from the summary judgments entered in favor of appellees, Hygienic Sanitation Company and The Dow Chemical Company. Herein, we are presented with a question of first impression in this Commonwealth. Whether state tort claims are preempted by the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C.A. § 136, et seq. Upon review, we affirm the summary judgment entered in favor of Hygienic. However, we affirm only...

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