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VITERBO v. DOW CHEMICAL CO.

No. 86-2806.

826 F.2d 420 (1987)

Jules R. VITERBO, et ux, (Patricia Viterbo), Plaintiffs-Appellants, v. The DOW CHEMICAL CO., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 11, 1987.

Attorney(s) appearing for the Case

Jeff Branick, Provost, Umphrey, Swearingen & Eddins, Port Arthur, Tex., for plaintiffs-appellants.

Michael A. Makulski, in-house counsel, Midland, Mich., Joseph J. Ortego, Stanley Pierce and Josh H. Kardisch of Rivkin, Radler, Dunne & Bayh, Uniondale, N.Y., John G. Bissell, of Strong, Pipkin, Nelson & Bissell, Beaumont, Tex., for defendant-appellee.

Before WRIGHT, GEE and JOLLY, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

In this case today we consider the question whether it is so if an expert says it is so. Although the plaintiff's expert here said it was so, the district court excluded the expert's opinion and granted summary judgment in favor of the defendant, 646 F.Supp. 1420 (E.D.Tex.1986). We uphold the district court because the plaintiff's expert brought to court little more than his credentials and a subjective...

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