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MORTELLITE v. NOVARTIS CROP PROTECTION, INC.

No. CIV.A.99-CV-2118 JHR.

278 F.Supp.2d 390 (2003)

Gary MORTELLITE and George Mortellite, individually and d/b/a Buffalo Farms, et al., Plaintiffs, v. NOVARTIS CROP PROTECTION, INC., Defendant.

United States District Court, D. New Jersey.

August 21, 2003.

Attorney(s) appearing for the Case

Rudolph Westmoreland, McAllister, Westmoreland, Vesper & Schwartz, West Atlantic City, NJ, for Michael Dimeo, Anthony Dimeo, Jr., William Dimeo, Joyce Cappuccio, Gene J. Martinelli, Joseph E. Martinelli, David Rizzotte, Gregory Clark, Anthony Melora, Russell Franceschini, Scott Franceschini, John Does, plaintiffs.

Robert J. Machi, Morgan, Melhuish, Monaghan Arvidson, Abrutyn & Lisowski, Livingston, NJ, for Novartis Crop Protection Inc., defendant.

ORDER

RODRIGUEZ, District Judge.

This matter has come before the Court on Defendant's motion for summary judgment based on preemption of Plaintiffs' claims by the Federal Insecticide, Fungicide, and Rodenticide Act. Oral argument was heard on the motion on July 24, 2003. The record of that proceeding is incorporated herein. For the reasons expressed on the record of that date, and those that follow,...

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