AMERICAN CYANAMID CO. v. GEYE

No. 01-0008.

79 S.W.3d 21 (2002)

AMERICAN CYANAMID COMPANY, Petitioner, v. Terry GEYE and Brandon Geye, Respondents.

Supreme Court of Texas.

Decided June 6, 2002.


Attorney(s) appearing for the Case

Russell B. Power, Hart & Power, Marlene S. Thomson, Maxwell & Power, Dallas, Lawrence S. Ebner, McKenna Long & Aldridge, Washington, D.C., for Petitioner.

Kerwin B. Stephens, Stephens & Myers, L L P, Graham, for Respondent.


Justice ENOCH delivered the opinion of the Court.

The question is whether the Federal Insecticide, Fungicide, and Rodenticide Act1 ("FIFRA") and its implementing regulations preempt state common-law damage claims for crop damage—specifically, damage to peanut plants. Ordinarily in federal preemption cases, we are asked to decide the scope of preemption, whether congressionally expressed...

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