Prather v. Ciba-Geigy Corp.

LITTLE, District Judge.

RULING

Ray Prather brought this action in state court, alleging that the Ciba-Geigy pesticide he purchased from defendant Tri-State Delta Chemical Company (“Tri-State”) failed to perform as warranted and that the defendants’ representatives failed to provide adequate warning information concerning the indicated use. The defendants removed Prather’s state action to this court based upon the parties’ diversity of citizenship and the amount in controversy. Following removal, the defendants moved to dismiss, arguing that federal law preempts Prather’s state claims and that…