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ANDRUS v. AGREVO USA CO.

No. 98-60611 Summary Calendar.

178 F.3d 395 (1999)

Tommy Lee ANDRUS, Plaintiff-Appellant, v. AGREVO USA COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 28, 1999.

Attorney(s) appearing for the Case

Philip P. Mansour, Jr., Nathan P. Adams, Jr., Mansour & Adams, Greenville, MS, for Plaintiff-Appellant.

W. Kurt Henke, Elizabeth T. Bufkin, Henke, Heaton & Bufkin, Lyon, MS, for Defendant-Appellee.

Before KING, Chief Judge, and STEWART and PARKER, Circuit Judges.

KING, Chief 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 herbicide failed to perform as specified in its product label and that its manufacturer breached its implied warranty of fitness for a particular purpose. The magistrate judge granted the defendant manufacturer summary judgment, finding that FIFRA preempts plaintiff-appellant...

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