Dowelanco
Nathan Kimmel, Inc. Nathan Kimmel, LLC Knf Corp., Formerly Known as Kennedy Nylon Film Corp. v. Dowelanco
Opinion
Opinion
Trott, J.
ORDER AND OPINION
ORDER
The Opinion filed on July 10, 2001, and reported at 255 F.3d 1196 (9th Cir.2001), is withdrawn.
The panel as constituted above has voted to grant the petition for rehearing without further oral argument and to issue a new opinion. With this decision and action, the previous opinion filed July 10, 2001, becomes inoperative, and the pending petition for rehearing en banc becomes moot. The parties, should they so choose, are at liberty to file new petitions with respect to the new opinion.
So ORDERED.
OPINION
OVERVIEW
The district court dismissed Nathan Kimmel, Inc.’s (Kimmel) complaint on the ground that its state law claims are preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”), 7 U.S.C. §§ 136 -136y. Kimmel appeals this decision. The district court had diversity jurisdiction under 28 U.S.C. § 1332 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we AFFIRM.
DISCUSSION
1. Background
Defendant-Appellee DowElanco is the manufacturer of Vikane, a pesticide used to exterminate termites. Vikane is regulated by the Environmental Protection Agency (“EPA”) and must carry an EPA-approved label. The Vikane label contains,…