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OKEN v. MONSANTO COMPANY

No. 02-15943.

419 F.3d 1312 (2005)

Wayne Charles OKEN, Plaintiff-Appellant, v. The MONSANTO COMPANY, The Solaris Group, Scotts Company, successor in interest to Monsanto Company and the Solaris Group, Dow Agrosciences, LLC, Dow Agrosciences, as successor in interest to DowElanco, DowElanco, as successor in interest to Dow Chemical Company, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 12, 2005.

Attorney(s) appearing for the Case

Stuart Calwell, Attorney at Law, Charleston, WV, for Plaintiff-Appellant.

Wendy F. Lumish, Carlton Fields PA, Samuel A. Danon, Hunton & Williams, Miami, FL, Dean T. Barnhard, Barnes & Thornburg, Indianapolis, IN, Lawrence Evan Margolis, Daniels, Kashtan, Downs, Robertson & Magathan, Coral Gables, FL, Daniel Jay Gerber, Rumberger, Kirk & Caldwell, Orlando, FL, Shelly H. Leinicke, Wicker, Smith, Tutan, O'Hara, McCoy, Graham & Ford PA, Fort Lauderdale, FL, for Defendants-Appellees.

Before TJOFLAT and CARNES, Circuit Judges, and CONWAY, District Judge.

PER CURIAM:

The Supreme Court of the United States vacated the judgment of this court, 317 F.3d 1312, and remanded "for further consideration in light of Bates v. Dow Agrosciences LLC, ___ U.S. ___, 125 S.Ct. 1788, 161 L.Ed.2d 687." ___ U.S. ___, 125 S.Ct. 1968, 161 L.Ed.2d 845 (2005). Pursuant to this order, we remand this case to the district court for further consideration in light of...

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