Bryan v. F M C Corp

*Pursuant to 5TH CIR. R. 47.5, the Court has determined that this
opinion should not be published and is not precedent except under
the limited circumstances set forth in 5TH CIR. R. 47.5.4.
UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 99-31349
Summary Calendar
EDDIE RAY BRYAN,
Plaintiff-Appellant,
VERSUS
FMC CORPORATION,
Defendant-Appellee.
Appeal from the United States District Court
For the Western District of Louisiana
(3:98-CV-1805)
June 12, 2000
Before HIGGINBOTHAM, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
Eddie Ray Bryan ("Bryan") sued FMC Corporation ("FMC") in
Louisiana state court alleging damages to Bryan’s cotton crop
resulting from his use of a pesticide manufactured by FMC to
control worms in the cotton. FMC removed the case to the federal

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district court on grounds of diversity. FMC moved for summary
judgment on the ground that Bryan had previously executed a
settlement agreement releasing FMC from any damages resulting from
the use of its insecticide. The motion for summary judgment was
referred to the magistrate judge for report and recommendation.
The magistrate judge recommended that FMC’s motion for summary
judgment should be granted and the district court, after a de novo
review, adopted the magistrate judge’s report. Final Judgment was
entered in favor of FMC and Bryan appeals.
We have carefully reviewed the briefs, the record excerpts,
and relevant portions of the record itself. For the reasons stated
by the magistrate judge in his report filed August 26, 1999, we
AFFIRM the Final Judgment entered by the district court on November
17, 1999.
AFFIRMED.

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