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KANNANKERIL v. TERMINIX INTERN., INC.

No. 96-5818.

128 F.3d 802 (1997)

Charles KANNANKERIL; Mary Kannankeril, individually and as next friend of Charlene and Crystal Kannankeril; Charlene Kannankeril; Crystal Kannankeril v. TERMINIX INTERNATIONAL, INC.; TM Special Partners, Inc.; Terminix MGP, Inc., General Partners of the Terminix International Company Limited Partnership; Terminix International; Dow Chemical U.S.A.; Whitmire Research Laboratories, Inc.; Ford Chemical & Service, Inc.; Dennis Buttimore, c/o Terminix International; The Terminix International Company Limited Partnership Mary Kannankeril, Individually and as Next Friend of Charlene Kannankeril, Appellant.

United States Court of Appeals, Third Circuit.

Decided October 17, 1997.

As Amended December 12, 1997.

Attorney(s) appearing for the Case

Evan T. Lawson (argued), Christopher N. Cook, Lawson & Weitzen, Boston, MA, for Appellants.

Kevin E. Wolff (argued), Robert W. Muilenburg, McElroy, Deutsch & Mulvaney, Morristown, NJ, for Appellee Terminix International.

Before: SLOVITER, Chief Judge, ROTH and MICHEL, Circuit Judges.

OPINION OF THE COURT

ROTH, Circuit Judge.

The Kannankerils, Dr. Mary Kannankeril, her husband, Charles, and their children, Charlene and Crystal, sued a pest exterminator, the Terminix International Company L.P. ("Terminix"), seeking damages for injuries allegedly arising out of the application of pesticides to their residence. The district court found the opinion of Dr. Benjamin Gerson, the medical expert of Dr. Mary Kannankeril, to be unreliable and unsupported...

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