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SEVERN PEANUT CO., INC. v. INDUSTRIAL FUMIGANT CO.

No. 15-1063.

807 F.3d 88 (2015)

SEVERN PEANUT CO., INC.; Meherrin Agriculture & Chemical Co.; Travelers Property Casualty Company of America, Plaintiffs-Appellants, v. INDUSTRIAL FUMIGANT CO.; Rollins Inc., Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: December 2, 2015.

Attorney(s) appearing for the Case

ARGUED: James Luther Warren, III , Carroll Warren & Parker PLLC, Jackson, Mississippi, for Appellants. Steven B. Epstein , Poyner Spruill LLP, Raleigh, North Carolina, for Appellees. ON BRIEF: Alexandra Markov , D. Scott Murray , Carroll Warren & Parker PLLC, Jackson, Mississippi; Jay M. Goldstein , Hunter C. Quick , Howard M. Widis , Quick, Widis & Nalibotsky, PLLC, Charlotte, North Carolina, for Appellants. Andrew H. Erteschik , Poyner Spruill LLP, Raleigh, North Carolina; William J. Conroy , Campbell Trial Lawyers, Berwyn, Pennsylvania, for Appellees.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Chief Judge TRAXLER and Judge DUNCAN joined.

Appellants Severn Peanut Co. and Severn's insurer allege breach of contract and negligence claims against appellee Industrial Fumigant Co. ("IFC"). According to Severn, IFC improperly applied a dangerous pesticide while fumigating Severn's peanut dome, resulting in fire, an explosion, loss of approximately 20,000,000 pounds...

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