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LOWE'S HOME CENTERS, INC. v. OLIN CORP.

No. 02-10518.

313 F.3d 1307 (2002)

LOWE'S HOME CENTERS, INC., Plaintiff-Appellant, v. OLIN CORPORATION, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 6, 2002.

Attorney(s) appearing for the Case

Elliot B. Kula, Arthur J. England, Jr., Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, P.A., Miami, FL, Michael A. McKenzie, David M. Bessho, Cozen & O'Connor, Atlanta, GA, William Joseph Carter, Carr Maloney, P.C., Washington, DC, for Plaintiff-Appellant.

Mark G. Arnold, Husch & Eppenberger, LLC, St. Louis, MO, Michael S. Meyer Von Bremen, Albany, GA, for Defendant-Appellee.

Before HULL, WILSON and FAY, Circuit Judges.

FAY, Circuit Judge:

Lowe's Home Centers, Inc. ("Lowe's") filed suit against Olin Corporation ("Olin") asserting three claims that, in whole or in part, center around Olin's alleged failure to properly warn Lowe's of the dangers involved in the storage and handling of a pool chlorinating product known as Pace Superchlorinator Shock Treatment ("Pace"). The active chemical ingredient in Pace is calcium hypochlorite ("cal-hypo"), a registered pesticide under the Federal...

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