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DOW AGROSCIENCES LLC v. BATES

No. 02-10908.

332 F.3d 323 (2003)

DOW AGROSCIENCES LLC, Plaintiff-Appellee, v. Dennis BATES; Jimmy Burson; Benny Judah, doing business as Clearwater Farms; Tommy Coleman; Richard Cox; et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 11, 2003.

Attorney(s) appearing for the Case

Dean T. Barnhard (argued), Barnes & Thornburg, Indianapolis, IN, Frank Lynn Hill, Thompson & Knight, Austin, TX, Fernando Manuel Bustos, McCleskey, Harriger, Brazill & Graf, Lubbock, TX, for Plaintiff-Appellee.

Sharon E. Callaway (argued), Michael James Murray, Crofts & Callaway, John Philip Watkins, Law Offices of Phil Watkins, San Antonio, TX, for Defendants-Appellants.

Before GARWOOD and HIGGINBOTHAM, Circuit Judges, and FELDMAN, District Judge.

FELDMAN, District Judge:

Dow Agrosciences LLC sought a declaratory judgment against 29 Texas peanut farmers whom were threatening to sue Dow for damages caused by a Dow-manufactured herbicide. Dow sought, among other things, a judicial declaration that the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), 7 U.S.C. § 136 (West 2002), preempts the farmers' state law claims. The district court denied the farmers' motion to dismiss for lack of subject matter...

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