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NESOM v. TRI HAWK INTERN.

No. 92-3461.

985 F.2d 208 (1993)

Richard M. NESOM, Plaintiff-Appellant, Cross-Appellee, v. TRI HAWK INTERNATIONAL, Defendant-Appellee-Cross-Appellant, Kansa General Insurance Company, et al. Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 14, 1993.

Attorney(s) appearing for the Case

Peter D. Derbes, Frank A. Silvestri, Silvestri & Massicot, New Orleans, LA, for plaintiff-appellant, cross-appellee, Nesom.

Rebecca Marie Olivier, George Davidson Fagan, Leake & Andersson, New Orleans, LA, for Kansa General.

Dwight C. Paulsen, III, C. William Bradley, Jr., Lemle & Kelleher, New Orleans, LA, for Tri Hawk.

Inger Marie Sjostrom, Frederick William Bradley, Liskow & Lewis, New Orleans, LA, for Braun Melsungen.

Before DUHÉ and BARKSDALE, Circuit Judges and HUNTER, District Judge.

EDWIN F. HUNTER, Jr., Senior District Judge.

This Louisiana diversity case was brought by Richard Nesom. He seeks recovery for mental anguish or emotional distress premised upon the possibility that he might develop Creutzfeldt-Jakob Disease ("CJD"), a fatal neurological disease. The district court entered summary judgment in favor of Tri Hawk on the basis that plaintiff was not entitled to maintain a cause of action for...

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