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GUILBEAU v. W.W. HENRY CO.

No. 94-40691.

85 F.3d 1149 (1996)

Olan J. GUILBEAU, Sr., et al., Plaintiffs-Intervenors-Appellees, Cross-Appellants, v. W.W. HENRY CO., et al., Defendants-Appellants, Cross-Appellees. Elwood Stevens, et al., Intervenors-Appellants, Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Suggestion for Rehearing Denied July 26, 1996.

Attorney(s) appearing for the Case

Gregory K. Moroux, Bradley J. Haight, Voorhies & Labbe, Lafayette, LA, Robert E. Kerrigan, Joseph L. McReynolds, Deutsch, Kerrigan & Stiles, New Orleans, LA, for W.W. Henry Co.

Michael W. Adley, Judice, Hill & Adley, Lafayette, LA, for Elwood, Stevens and Kleinpeter, Schwartzber, Stevens.

David Crump, Alene Ross Levy, Lynne Liberato, Ann Whitley Henneman, Haynes & Boone, Houston, TX, Sharon N. Freytag, Haynes & Boone, Dallas, TX, for Olan Guilbeau Sr. and Macklin Guilbeau.

Before REYNALDO G. GARZA, BARKSDALE and EMILIO M. GARZA, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied July 26, 1996.

RHESA HAWKINS BARKSDALE, Circuit Judge:

The linchpin of this appeal is whether plaintiffs presented evidence of product defect sufficient to withstand judgment as a matter of law. W.W. Henry Company and its insurer, Truck Insurance Exchange, challenge a judgment on a jury verdict awarding $2 million to Olan Guilbeau for chronic toxic encephalopathy allegedly caused by exposure to a carpet...

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