Severn Peanut Co., Inc. v. Industrial Fumigant Co.

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

WILKINSON, Circuit Judge:

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 of peanuts, loss of business, and various cleanup costs. The District Court for the Eastern District of North Carolina awarded…