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M & H ENTERPRISES v. TRI-STATE

No. 22097.

984 S.W.2d 175 (1998)

M & H ENTERPRISES, Gary Hogan, and John Maddox, Plaintiffs-Appellants, v. TRI-STATE DELTA CHEMICALS, INC., and Bernardo Chemicals, Ltd., Defendants-Respondents.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or Transfer Denied December 28, 1998.

Application for Transfer Denied February 23, 1999.

Attorney(s) appearing for the Case

Kenneth L. Dement, Jr., Sikeston, for Appellant.

Thomas F. Fisher, Kansas City, Wendell W. Crow, Kennett, Elizabeth R. Jones, Denver, CO, Gary W. Callahan, Greeley, CO, for Respondent Tri-State Delta Chemicals.

Timothy A. Ryan, III, Memphis, TN, J. Michael Mower, Kennett, for Bernardo Chemicals, Ltd.

SHRUM, Presiding Judge.

M & H Enterprises, Gary Hogan, and John Maddox ("Appellants") appeal from the trial court's order granting the Respondents' motions for summary judgment. Appellants sought damages after a herbicide they had used failed to control weevils in a stored pea crop. The trial court entered both summary judgments on the basis that Appellants' claims were preempted by the Federal Insecticide, Fungicide, and Rodenticide Act ("FIFRA"), 7 U.S.C. &...

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