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KUIPER v. AMERICAN CYANAMID CO.

Nos. 96-1647, 97-1657.

131 F.3d 656 (1997)

Charles H. KUIPER, Sr., Mae E. Kuiper, and Charles A. Kuiper, Jr., d/b/a Charles H. Kuiper & Son Farms, Plaintiffs-Appellants, v. AMERICAN CYANAMID COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 5, 1997.

Attorney(s) appearing for the Case

Robert H. Bichler (argued), JoAnne Breese-Jaeck, Hostak, Henzl & Bichler, Racine, WI, for Plaintiffs-Appellants.

Lawrence S. Ebner (argued), McKenna & Cuneo, Washington, DC, Winthrop A. Rockwell, John P. Mandler, Faegre & Benson, Minneapolis, MN, Kenneth B. Ness, John M. Filachek, Terschan, Steinle & Ness, Milwaukee, WI, for Defendant-Appellee.

Before CUDAHY, FLAUM, and DIANE P. WOOD, Circuit Judges.

FLAUM, Circuit Judge.

This appeal requires us to decide whether the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. §§ 136-136y, preempts state law claims alleging that a pesticide manufacturer was negligent and made false representations in marketing and promoting its product. The district court entered summary judgment for the defendant manufacturer, holding that FIFRA preempted the plaintiffs' claims and, in the alternative, that...

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