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BERNHARDT v. RICHARDSON-MERRELL, INC.

No. 89-4388 Summary Calendar.

892 F.2d 440 (1990)

Dana Michelle BERNHARDT, an Infant, By and Through her natural guardians and parents, Brenda and Frederic BERNHARDT and Brenda and Frederic Bernhardt, Individually, Plaintiffs-Appellants, v. RICHARDSON-MERRELL, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 25, 1990.

Attorney(s) appearing for the Case

Charles M. Merkel, Cynthia I. Mitchell, Merkel & Cocke, Clarksdale, Miss., for plaintiffs-appellants.

Christy D. Jones, Butler, Snow, O'Mara, Stevens & Cannada, Jackson, Miss., for defendant-appellee.

Frank C. Woodside, III, K.C. Green, Cincinnati, Ohio, Joseph E. Conley, Cincinnati, Ohio, for Merrell Dow Pharmaceuticals Inc.

Before GEE, DAVIS, and JONES, Circuit Judges.

EDITH H. JONES, Circuit Judge:

From an adverse summary judgment in this products liability case based upon a mother's ingestion of Bendectin during pregnancy, the plaintiffs appeal. We hold that the district court properly granted summary judgment by excluding an untimely-filed controverting affidavit. 723 F.Supp. 1188.

BACKGROUND

The Bernhardts' case was filed in January, 1985 and promptly removed to federal...

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