SCHMID v. MILWAUKEE ELEC. TOOL CORP.

No. 92-1816.

13 F.3d 76 (1994)

Eric Esher SCHMID v. MILWAUKEE ELECTRIC TOOL CORPORATION Eric Schmid, Appellant.

United States Court of Appeals, Third Circuit.

Decided January 3, 1994.

Sur Petition for Rehearing February 9, 1994.


Attorney(s) appearing for the Case

Richard Frumer (argued), Frumer & Etkin, Philadelphia, PA, for appellant.

Richard W. Hollstein, James H. Pickering, Jr. (argued), Clark, Ladner, Fortenbaugh & Young, Philadelphia, PA, for appellee.

Before: STAPLETON, MANSMANN and HUTCHINSON, Circuit Judges.


OPINION OF THE COURT

STAPLETON, Circuit Judge:

In this products liability action, plaintiff appeals from a grant of judgment as a matter of law in favor of the defendant pursuant to Federal Rule of Civil Procedure 50(a). The primary issue raised is whether the district court erred by striking the testimony of plaintiff's expert witness in its entirety on the ground that the expert altered the allegedly defective product during the course of his examination...

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