STARR v. DOW AGROSCIENCES LLC

No. Civ. 03-830-MO.

339 F.Supp.2d 1097 (2004)

Don STARR and Karen Starr, husband and wife, d/b/a Starr Farms, Plaintiffs, v. DOW AGROSCIENCES LLC, a Delaware Limited Liability Company, the Dow Chemical Company and Rohm & Haas, an unknown foreign company, Defendants.

United States District Court, D. Oregon.

August 11, 2004.


Attorney(s) appearing for the Case

Jonel K. Ricker, Ricker & Roberson, LaGrande, OR, Richard M. Layne, Layne & Lewis, LLP, Portland, OR, for Plaintiffs.

Dean T. Barnhard, William E. Padgett, Barnes & Thornburg LLP, Indianapolis, IN, Ronald E. Bailey, Stephen F. Deatherage, Leta E. Gorman, Bullivant Houser Bailey, Portland, OR, for Defendants.


OPINION AND ORDER

MOSMAN, District Judge.

Plaintiffs Don and Karen Starr are residents of Summerville, Oregon where they make their living as mint farmers. Against three nonresident companies, the plaintiffs assert several common law theories, alleging that the application of a herbicide manufactured by defendants caused reductions in their mint-crop yield for 2001. Defendants respond that plaintiffs' claims are preempted by federal law, specifically, the...

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