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BATES v. DOW AGROSCIENCES LLC

No. 03-388.

544 U.S. 431 (2005)

BATES et al. v. DOW AGROSCIENCES LLC

Supreme Court of United States.

Decided April 27, 2005.

Attorney(s) appearing for the Case

David C. Frederick argued the cause for petitioners. With him on the briefs were Scott K. Attaway and Kimberly S. Keller.

Seth P. Waxman argued the cause for respondent. With him on the brief were David W. Ogden, Paul R.Q. Wolfson, Dean T. Barnhard, and Joseph R. Alberts.

Lisa S. Blatt argued the cause for the United States as amicus curiae urging affirmance. On the brief were Acting Solicitor General Clement, Assistant Attorney General Sansonetti, Deputy Solicitor General Hungar, Deputy Assistant Attorney General Clark, Jeffrey P. Minear, James C. Kilbourne, and Kenneth Von Schaumburg.*

STEVENS, J., delivered the opinion of the Court, in which REHNQUIST, C.J., and O'CONNOR, KENNEDY, SOUTER, GINSBURG, and BREYER, JJ., joined. BREYER, J., filed a concurring opinion, p. 454. THOMAS, J., filed an opinion concurring in the judgment in part and dissenting in part, in which SCALIA, J., joined, p. 455.

JUSTICE STEVENS delivered the opinion of the Court.

Petitioners are 29 Texas peanut farmers who allege that in the 2000 growing season their crops were severely damaged by the application of respondent's newly marketed pesticide named "Strongarm." The question presented is whether the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. § 136 et seq. (2000 ed. and Supp. II), pre-empts their state...

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