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BULLARD v. DALKON SHIELD CLAIMANTS TRUST

No. 94-1364.

74 F.3d 531 (1996)

Sandra D. BULLARD, Plaintiff-Appellant, and Arthur L. Bullard, Plaintiff, v. DALKON SHIELD CLAIMANTS TRUST, Defendant-Appellee, and Frederick A. Clark, Jr., M.D.; Hugh J. Davis, Jr., M.D.; A.H. Robins Company, Defendants. North Carolina Academy of Trial Lawyers, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided February 2, 1996.

Attorney(s) appearing for the Case

ARGUED: Ralph James Lore, Lore & McClearen, Raleigh, North Carolina, for Appellant. Richard Matthew Barnes, Goodell, Devries, Leech & Gray, Baltimore, Maryland, for Appellee. ON BRIEF: Charles P. Goodell, Jr., Richard L. Ames-Ledbetter, Goodell, Devries, Leech & Gray, Baltimore, Maryland, for Appellee.

Before RUSSELL and WIDENER, Circuit Judges, and CHAPMAN, Senior Circuit Judge.

Vacated and remanded by published opinion. Judge WIDENER wrote the opinion, in which Judge DONALD RUSSELL and Senior Judge CHAPMAN joined.

OPINION

WIDENER, Circuit Judge:

The plaintiff, Mrs. Bullard, appeals the order of the district court granting summary judgment for the defendant, the Dalkon Shield Claimants Trust, on the finding that her personal injury claim is untimely under the North Carolina statute of repose, N.C. Gen.Stat. § 1-50(6...

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