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JEFFERS v. WAL-MART STORES, INC.

No. Civ.A. 3:99-0274.

84 F.Supp.2d 775 (2000)

Tina Louise JEFFERS, Plaintiff, v. WAL-MART STORES, INCORPORATED, et al., Defendants.

United States District Court, S.D. West Virginia, Huntington Division.

As Amended February 23, 2000.

Attorney(s) appearing for the Case

Stuart Calwell, Charleston, WV, John Scaggs, Charleston, WV, for plaintiff.

James McQueen, Jr., Charleston, Kimberly E. Williams, Charleston, for Wal-Mart.

Joseph M. Farrell, Jr., Paul T. Farrell, Huntington, WV, C.O. Wright, M.D., for St. Mary's Hospital.

Thomas E. Scarr, Huntington, Mike A. Frye, Huntington, for United Industries Corporation.

MEMORANDUM OPINION AND ORDER

CHAMBERS, District Judge.

Currently pending before the Court is Defendant United Industries' motion for judgment on the pleadings or, in the alternative, for summary judgment. In accordance with this Court's Order, dated February 3, 2000, and for the reasons that follow, the Court FINDS that Plaintiff's state law claims regarding the labeling of certain pesticides are preempted by the Federal Fungicide, Rodenticide...

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