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MOORE v. KIMBERLY-CLARK CORP.

No. 88-4008.

867 F.2d 243 (1989)

Joyce A. MOORE, Plaintiff-Appellant, v. KIMBERLY-CLARK CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied April 14, 1989.

Attorney(s) appearing for the Case

Linda S. Blackman, Gordon E. Roundtree, Hal Lyons, Shreveport, La., for plaintiff-appellant.

Maryls A. Marshall, Wichita, Kan., Arthur H. Bryant, Washington, D.C., for amicus, Trial Lawyers.

Donna Phillips, John J. Weigel, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, La., for defendant-appellee.

Richard M. Cooper, Kevin J. Hasson, Washington, D.C., for amicus curiae, Playtex.

Before WILLIAMS and GARWOOD, Circuit Judges, and POLOZOLA, District Judge.

Rehearing and Rehearing En Banc Denied April 14, 1989.

POLOZOLA, District Judge:

Contending that she contracted toxic shock syndrome (TSS) following her use of tampons manufactured by Kimberly-Clark Corporation (Kimberly-Clark), Joyce G. Moore and her husband filed suit in a Louisiana state court seeking to recover damages under Louisiana law. Kimberly-Clark timely removed the suit to federal court. Thereafter, Kimberly-Clark moved for summary judgment. The...

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