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ACKERMAN v. AMERICAN CYANAMID CO.

No. 96-2034.

586 N.W.2d 208 (1998)

Clifford ACKERMAN, Appellant, v. AMERICAN CYANAMID COMPANY, Appellee, and Allison-Kesley Ag Center, Inc., Defendant.

Supreme Court of Iowa.

Rehearing Denied December 8, 1998.

Attorney(s) appearing for the Case

Mark A. Woollums and Jean Dickson Feeney of Betty, Neuman & McMahon, L.L.P., Davenport, for appellant.

Judith O'Donohoe of Elwood, O'Donohoe, O'Connor, & Stochl, Charles City, for appellee.

Considered en banc.

HARRIS, Justice.

This is the second appeal in this litigation arising from application of a herbicide to cropland. The sticking point is determining the extent to which federal legislation, the federal insecticide fungicide and rodenticide act (FIFRA) has preempted the area. The case comes to us on further review of a court of appeals decision that left plaintiffs with only one state court remedy. We agree the plaintiffs are left with only one remedy, but disagree...

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