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HINES v. TENNECO CHEMICALS, INC.

No. 83-2126.

728 F.2d 729 (1984)

Robert HINES and Ruth C. Hines, his wife, Plaintiffs-Appellants, v. TENNECO CHEMICALS, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 2, 1984.

Attorney(s) appearing for the Case

Ortega & Snead, William E. Snead, Daniel Shapiro, Michael D. Bustamante, Albuquerque, N.M., for plaintiffs-appellants.

Vinson & Elkins, H. Ronald Welsh, Houston, Tex., Joseph T.C. Hart, Fulton, Duncombe & Rowe, George S. Flint, New York City, for defendant-appellee.

Before BROWN, GEE and WILLIAMS, Circuit Judges.

GEE, Circuit Judge:

In 1943 Mrs. Hines, a North Carolina resident, underwent a diagnostic procedure requiring the injection of a radioactive dye into her system. Thirty-six years later she brought an action in the state courts of Texas, asserting that the dye had caused her personal injury. Removal brought her suit to federal district court, 546 F.Supp. 1229 (D.C.Tex.1982), where she suffered summary judgment on the basis of a...

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