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BROCK v. MERRELL DOW PHARMACEUTICALS, INC.

No. 88-2311.

884 F.2d 166 (1989)

Mr. & Mrs. Floyd BROCK, individually and as next friend of Rachel Brock, a minor, Plaintiffs-Appellees, v. MERRELL DOW PHARMACEUTICALS, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 15, 1989.

Attorney(s) appearing for the Case

O.J. Weber, Mehaffey, Weber, Keigh & Gonsoulin, Beaumont, Tex., Robert M. Dato, Dickson, Carlson & Campillo, Santa Monica, Cal., Ramey, Flock, Hutchins, Jeffus, McClendon & Crawford, P.C., for defendants-appellants.

Thomas H. Bleakley, Detroit, Mich., W. James Kronzer, Richard Warren Mithoff, Houston, Tex., for plaintiffs-appellees.

Before GARZA, JOLLY, and JONES, Circuit Judges.

ON PETITION FOR REHEARING

PER CURIAM:

Appellees have filed a petition for rehearing en banc with regard to our prior disposition of this case, Brock v. Merrell Dow Pharmaceuticals, Inc., 874 F.2d 307, 308 (5th Cir.1989). Treating that petition as a petition for panel rehearing, we hereby modify our prior panel opinion.

At 313, we stated that "[w]e find, in this case, the lack of conclusive epidemiological...

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