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JEFFERS v. WAL-MART STORES, INC.

No. CIV.A. 3:99-0274.

171 F.Supp.2d 617 (2001)

Tina Louise JEFFERS, Plaintiff, v. WAL-MART STORES, INCORPORATED, et al., Defendants.

United States District Court, S.D. West Virginia, Huntington Division.

October 31, 2001.

Attorney(s) appearing for the Case

John H. Skaggs, David H. Carriger, The Law Offices of Stuart Calwell, PLLC, Charleston, Counsel for Plaintiff.

James D. McQueen, Jr., Regenia L. Mayne, McQueen, Harmon & Murphy, L.C., Charleston, Counsel for Wal-Mart, Inc.

Thomas E. Scarr, Jenkins Fenstermaker, Huntington, Counsel for United Industries Corporation.

Marc Williams, Huddleston, Bolen, Beatty, Porter & Copen, Huntington, Counsel for DOW Agrosciences, LLC.

Dean T. Barnhard, Joseph G. Eaton, Barnes & Thornburg, Indianapolis, IN, Counsel for DOW Agrosciences, LLC.

Michael M. Fisher, Offutt Fisher & Nord, Charleston, Counsel for C.L. Smith Container Company.

MEMORANDUM OPINION AND ORDER

CHAMBERS, District Judge.

Plaintiff's Second Amended Complaint asserts several state common law claims against Dow Agrosciences LLC (Dow). Dow is the manufacturer of Dursban HF, a pesticide product used in retail pest control products, including some Spectracide products to which plaintiff alleges she was exposed. In Count III ("Liability of Product Manufacturers"), plaintiff claims negligence in the design, manufacture, packaging...

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