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JUNK v. TERMINIX INTERN. CO.

No. 08-3811.

628 F.3d 439 (2010)

Rene JUNK, as parent of a minor, Next Friend T.J., Plaintiff-Appellant, v. TERMINIX INTERNATIONAL COMPANY, Limited Partnership; Dow Chemical Company; Dow AgroSciences LLC, Defendants-Appellees, Harold Obrecht; Jim Breneman; Sureco, Inc., Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: December 9, 2010.

Rehearing Denied January 13, 2011.

Attorney(s) appearing for the Case

Tracy N. Tool , argued ( C.M. Bye , on the brief), River Falls, WI, for appellant.

Dean Taylor Barnhard , argued ( Joseph G. Eaton and Kara M. Moorcroft , on the brief), Indianapolis, IN, for appellees Dow Chemical and Dow Agro.

Stephen Swofford , argued ( Timothy G. Shelton , on the brief; David Creagh and David Richards , of counsel), Chicago, IL, for appellee Terminix International.

Before MURPHY, BEAM, and BENTON, Circuit Judges.

MURPHY, Circuit Judge.

Rene Junk brought this action in state court on behalf of her son, Tyler (T.J.) Junk, against Terminix International Company (Terminix), Dow Chemical Company and Dow AgroSciences LLC (collectively Dow), and Terminix employee Jim Breneman. Junk alleged that T.J.'s multiple medical conditions were caused by exposure to Dursban, an insecticide manufactured by Dow, distributed by Terminix, and applied to the Junk household by Breneman and other...

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