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HELLER v. SHAW INDUSTRIES, INC.

No. 97-1735.

167 F.3d 146 (1999)

Carol HELLER; Thomas Heller individually and as the parents and natural guardians of Emily Heller and Katherine Heller, minor children, Appellants, v. SHAW INDUSTRIES, INC.

United States Court of Appeals, Third Circuit.

Decided February 3, 1999.

Attorney(s) appearing for the Case

Joseph C. Kohn, Joanne Zack (Argued), Martin J. D'Urso, David G. Concannon, Kohn, Swift & Graf, P.C., Philadelphia, PA, for Appellants.

John F. Kent, Anne M. Manero, Kent & McBride, Philadelphia, PA, Lee Ann Jones (Argued), Powell, Goldstein, Frazer & Murphy, LLP, Atlanta, GA, for Appellee.

Before: BECKER, Chief Judge, NYGAARD, and NOONAN, Circuit Judges.

OPINION OF THE COURT

BECKER, Chief Judge:

This is an appeal by plaintiff Carol Heller ("Heller"), who sought to recover from defendant Shaw Industries ("Shaw"), for certain respiratory illnesses allegedly caused by volatile organic compounds emitted by Shaw carpet installed in Heller's former home. The District Court's grant of summary judgment against Heller and in favor of Shaw is largely a function of its exclusion, following an extensive in limine...

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