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MICHIGAN MILLERS MUT. INS. CORP. v. BENFIELD

No. 97-2138.

140 F.3d 915 (1998)

MICHIGAN MILLERS MUTUAL INSURANCE CORPORATION, a foreign corporation, Plaintiff-Counter-Defendant-Appellant, v. Janelle R. BENFIELD, Defendant-Counter-Claimant-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 4, 1998.

Attorney(s) appearing for the Case

John J. Pappas, William J. Stonikas, Tampa, FL, for Plaintiff-Counter-Defendant-Appellant.

Bobby Gene Freemon, Jr., Tampa, FL, for Defendant-Counter-Claimant-Appellee.

Paul W. Burke, Drew, Eckl & Farnham, Atlanta, GA, for Amicus, International Assoc. of Arson Investigators.

Before EDMONDSON and BIRCH, Circuit Judges, and FAY, Senior Circuit Judge.

FAY, Senior Circuit Judge:

This suit concerns the liability of Michigan Millers Mutual Insurance Corporation ("Millers") to its insured, Florida resident Janelle Benfield, for property loss due to fire. Millers appeals as error the district court's striking of the testimony of Millers' fire causation expert under Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), and the district court...

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