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BROWN v. VALMET-APPLETON

No. 94-60732.

77 F.3d 860 (1996)

Kenneth BROWN and Elmira Brown, Plaintiffs-Appellees, International Paper Company, Intervenor-Plaintiff-Appellee, v. VALMET-APPLETON, et al., Defendants, Valmet Paper Machinery, Inc., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 18, 1996.

Attorney(s) appearing for the Case

Michael Evan Jaffe, David L. Kelleher, Arent, Fox, Kintner, Plotkin & Kahn, Washington, DC, Michael B. Wallace, Phelps, Dunbar, Jackson, MS, for Defendant-Appellant Valmet Paper Machinery, Inc.

Mark D. Lumpkin, Paul S. Minor, Monor & Guice, Biloxi, MS, for Plaintiffs-Appellees Kenneth Brown and Elmira Brown.

Karl R. Steinberger, Gina L. Bardwell, Colingo, Williams & Heidelberg, Pascagoula, MS, for Intervenor-Plaintiff-Appellee International Paper Co.

Before POLITZ, Chief Judge, and JONES and PARKER, Circuit Judges.

POLITZ, Chief Judge:

Valmet Paper Machinery, Inc. (VPI), a Finnish corporation, appeals the trial court's denial of a claim of sovereign immunity as a defense to plaintiffs' complaint. For the reasons assigned we affirm and remand.

Background

Kenneth Brown was employed by International Paper Company as an operator at the company's Moss Point, Mississippi paper mill. On August 1, 1990, Brown suffered...

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