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CROPLIFE AMERICA, INC. v. CITY OF MADISON

No. 05-3033.

432 F.3d 732 (2005)

CROPLIFE AMERICA, INC., et al., Plaintiffs-Appellants, v. CITY OF MADISON, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided December 23, 2005.

Attorney(s) appearing for the Case

Ann Ustad Smith, Michael Best & Friedrich, Madison, WI, Lawrence S. Ebner (argued), McKenna & Cuneo, Washington, DC, for Plaintiffs-Appellants.

Michael P. May, James M. Voss, Office of the City Attorney, Madison, WI, Marcia MacKenzie (argued), Office of the Corporation Counsel, Madison, WI, for Defendants-Appellees.

Before BAUER, POSNER, and MANION, Circuit Judges.

POSNER, Circuit Judge.

This appeal arises from a suit against the City of Madison and the county (Dane) in which Madison is located by producers and suppliers of "weed and feed" products. Weed and feed products are lawn-care products each granule of which contains both a herbicide and a substance, such as phosphorus, that fertilizes. Though not without its critics, this ingenious combination—"sold by the chemical industry to homeowners as the magic bullet of...

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