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NETLAND v. HESS & CLARK, INC.

No. 01-2182.

284 F.3d 895 (2002)

Kim NETLAND, Appellant, v. HESS & CLARK, INC., Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: March 26, 2002.

Rehearing and Rehearing Denied: May 13, 2002.

Attorney(s) appearing for the Case

Robert J. Feigh, St. Cloud, MN, argued (Christopher W. Harmoning, on the brief), for appellant.

Mark J. Carpenter, Minneapolis, MN, argued (Gary W. Callahan, Greeley, CO, on the brief), for appellee.

Before McMILLIAN, JOHN R. GIBSON, and MAGILL, Circuit Judges.

Rehearing and Rehearing En Banc Denied: May 13, 2002.*

MAGILL, Circuit Judge.

Kim Netland brings this action against Hess & Clark, Inc. ("Hess"), the manufacturer of the pesticide KenAg Bovinol ("Bovinol"), claiming damages for injury resulting from Netland's use of Bovinol on his horses. The district court1 granted Hess's motion for summary judgment holding that Netland's claims are preempted by...

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