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HARDIN v. BASF CORP.

No. 03-3624.

397 F.3d 1082 (2005)

Randy HARDIN, for himself and all others similarly situated; E.C. Hardin, Jr., for himself and all others similarly situated; Evelyn H. Allmon, for herself and all others similarly situated; Vernon Blasingame, for himself and all others similarly situated; Gary E. Goodwin, for himself and all others similarly situated; Melanie R. Goodwin, for herself and all others similarly situated; Ed Fortson, for himself and all others similarly situated; Marion Fortson, for herself and all others similarly situated; Doris Benson; Gerald Benson; Nathan Falls, Plaintiffs-Appellants, v. BASF CORPORATION, Defendant-Appellee. Forrest Falls; Mary Ann Falls; Hilda Baumgarner; Leroy Baumgarner; Allen Cook; Kerry Falls; Lane Falls; Sandy Falls; Gary Houston; Keith Houston; Rose Houston; Bennie Ladd; Ruth Ladd; Melvin Messer; Ruth Messer; Shelby Newberry; Artie Winningham, Plaintiffs-Appellants, v. BASF Corporation, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 11, 2005.

Attorney(s) appearing for the Case

Hank Bates, argued, Little Rock, AR (James B. McMath and William J. French, on the brief), for appellants.

John P. Mandler, argued, Minneapolis, MN (Bruce Jones, Steven W. Quattlebaum and John E. Tull III, on the brief), for appellee.

Before LOKEN, Chief Judge, BEAM, and GRUENDER, Circuit Judges.

BEAM, Circuit Judge.

Plaintiffs appeal the district court's1 dismissal of their tort claims as preempted under the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. §§ 136, et seq. (FIFRA). We affirm.

I. BACKGROUND

BASF manufactures Facet, an herbicide for rice farmers intended for use on barnyard grass. Plaintiffs are commercial tomato growers whose plants were damaged by Facet. The tomato plants...

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