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WATKINS v. TELSMITH, INC.

No. 96-60084.

121 F.3d 984 (1997)

Loretta WATKINS, Administrator of the Estate of Eugene Watkins, Deceased, and Individually as the Wrongful Death Beneficiary of Eugene Watkins, Deceased, Plaintiff-Appellant, v. TELSMITH, INC., et al., Defendants, Telsmith, Inc., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 16, 1997.

Attorney(s) appearing for the Case

Daniel Briggs Smith, Jr., Wallace Alfred Welshans, Smith, Phillips, Mitchell, Scott & Rutherford, Batesville, MS, for Plaintiff-Appellant.

Richard W. Bethea, Stophel & Stophel, Chattanooga, TN, Edward A. Moss, Holcomb, Dunbar, Connell, Chaffin & Willard, Oxford, MS, Janet G. Arnold, Holcomb & Dunbar, Southaven, MS, for Defendant-Appellee.

Before JOLLY, JONES and WIENER, Circuit Judges.

EDITH H. JONES, Circuit Judge:

Loretta Watkins sued Telsmith, Inc., after a conveyor manufactured by Telsmith's predecessor caused the death of her husband, Eugene Watkins. Telsmith removed the case to federal court, and the case proceeded to trial under the theory that the conveyor embodied an unreasonably dangerous design. Upon a motion by Telsmith, the district court heard outside the jury's presence and then excluded the testimony of Watkins's proffered expert...

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