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PFEIFER v. E.I. DU PONT DE NEMOURS & CO.

No. S-98-270.

606 N.W.2d 773 (2000)

258 Neb. 756

Ben PFEIFER, Jr., and Donna Pfeifer, husband and wife, appellants, v. E.I. Du PONT De NEMOURS AND COMPANY, a Delaware corporation, appellee.

Supreme Court of Nebraska.

February 11, 2000.

Attorney(s) appearing for the Case

George H. Moyer, Jr., of Moyer, Moyer, Egley, Fullner & Warnemunde, Madison, for appellants.

Thomas M. Maul, of Grant, Rogers, Maul & Grant, and Ann Marie Hanrahan, Minneapolis, MN of Faegre & Benson LLP, and Raymond Michael Ripple and Donna L. Goodman, of E.I. Du Pont de Nemours and Company, New Johnsonville, TN, for appellee.

HENDRY, C.J., WRIGHT, CONNOLLY, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

McCORMACK, J.

This is a suit brought by appellants Ben Pfeifer, Jr. (Pfeifer), and Donna Pfeifer for breach of express and implied warranties in the sale of Extrazine II DF, a herbicide manufactured by appellee E.I. Du Pont de Nemours and Company (Du Pont). The trial court granted summary judgment to Du Pont on the sole ground that the Pfeifers' claims were preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. § 136 et seq. (1994...

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