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WUEBKER v. WILBUR-ELLIS CO.

No. 04-3721.

418 F.3d 883 (2005)

Wayne F. WUEBKER; Janet E. Wuebker, Appellants, v. WILBUR-ELLIS COMPANY, Appellee, Crop Life America, Amicus on behalf of Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 15, 2005.

Attorney(s) appearing for the Case

Nick Critelli, Des Moines, IA, for appellant.

J. Michael Weston and Brenda K. Wallrichs, Cedar Rapids, IA, and Lawrence S. Ebner, Washington, DC, for appellee.

Before MORRIS SHEPPARD ARNOLD, McMILLIAN, and COLLOTON, Circuit Judges.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

This case requires us to consider whether the Federal Insecticide, Fungicide, and Rodentcide Act (FIFRA), 7 U.S.C. §§ 136-136y, and a related Environmental Protection Agency (EPA) regulation, 40 C.F.R. § 153.155(b), preempt the state-law tort claims of Wayne Wuebker and his wife, Janet Wuebker. We conclude that the Wuebkers' claims are not preempted and reverse the order of summary judgment entered against them...

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