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MOORE v. ASHLAND CHEMICAL, INC.

No. 95-20492.

126 F.3d 679 (1997)

Bob T. MOORE and Susan Moore, Plaintiffs-Appellants Cross-Appellees, v. ASHLAND CHEMICAL, INC. and Ashland Oil, Inc., Defendants-Appellees Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

Order Granting Rehearing November 12, 1997.

Attorney(s) appearing for the Case

Robert Dale Green, Michael L. Davis, Green, Davis & Barton, Houston, TX, for Bob and Susan Moore.

Debora M. Alsup, Julie Caruthers Parsley, Thompson & Knight, Austin, TX, William Lowell Banowsky, Thompson & Knight, Dallas, TX, William Kyle Carpenter, Woolf, McClane, Bright, Allen & Carpenter, Knoxville, TN, for Ashland Chemical, Inc. and Ashland Oil, Inc.

Terry Lynn Jacobson, Dawson, Sodd, Moe and Means, Corsicana, TX, for Dow Corning Corp. and CDC Services, Inc.

David G. Matthiesen, Houston, TX, for CDC Services, Inc.

Before DAVIS and DENNIS, Circuit Judges, and FALLON, District Judge:

Order Granting Rehearing En Banc November 12, 1997.

DENNIS, Circuit Judge:

In this negligence case, we are called upon to determine the standards for assessing the reliability of the proffer of a clinical physician's expert opinion as to the cause of a plaintiff's disease in the light of Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993). We conclude that: (1) the basic...

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