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BROCK v. MERRELL DOW PHARMACEUTICALS, INC.

No. 88-2311.

884 F.2d 167 (1989)

Mr. and 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.

September 8, 1989.

Attorney(s) appearing for the Case

Robert M. Dato, Santa Monica, Cal., O.J. Weber, Mehaffey, Weber, Keigh & Gonsoulin, Beaumont, Tex., and Ramey, Flock, Hutchins, Jeffus, McClendon & Crawford, P.C., Tyler, Tex., for defendant-appellant.

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

Before CLARK, Chief Judge, GEE, REAVLEY, POLITZ, KING, JOHNSON, WILLIAMS, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, and DUHE, Circuit Judges.

(Opinion June 6, 5th Cir., 1989, 874 F.2d 307)

ON SUGGESTION FOR REHEARING EN BANC

PER CURIAM:

The judges in regular active service of this court having been polled at the request of one of them, and a majority of the judges having voted against granting rehearing en banc in this case (Federal Rules of Appellate Procedure and Local Rule 35), the suggestion for Rehearing...

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