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Tort Claims Arising from Oklahoma City Bombing To Be Tried in State Court
Description Tort claims were filed in Kansas state court against the distributors of fertilizer used in the bombing of the federal building in Oklahoma City. Defendants request to move to federal court rejected because all claims are under state law and state court is competent to evaluate federal laws regarding fertilizer handling that may have been violated.
Topic Torts
Key Words Products Liability, Jurisdiction
C A S E   S U M M A R Y
Facts Plaintiffs "raise claims of negligence, strict liability and negligent and intentional infliction of emotional distress. They assert that the defendants are liable for the damages that resulted from the bombing of the Murrah Federal Building because they improperly and illegally sold or distributed explosive grade fertilizer to Timothy McVeigh and Terry Nichols. They allege that the defendants violated various provisions of state and federal law in the sale of the fertilizer." Suit was filed in state court in Kansas; defendants petitioned for removal of the case to federal court.
Decision Case remanded to Kansas state court. All claims are state law claims; there is no cause of action claimed under the federal laws that are alleged to have been violated by defendants. "To the extent that some construction of federal law is necessary, the court is convinced that the state court can interpret and apply federal law. State courts routinely do so, and we see no reason why this case presents an exception."
Citation Gaines-Tabb v. Mid-Kansas Cooperative Assn., ---F.Supp.--- (1997 WL 749554, D., Kan.)
or
980 F.Supp. 1424 (D., Kan., 1997)

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