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NATIONAL BANK OF COMMERCE v. DOW CHEMICAL COMPANY

No. 97-1755.

133 F.3d 1132 (1998)

NATIONAL BANK OF COMMERCE, OF EL DORADO, ARKANSAS, Guardian of the Estate (only) of Ashley Marie Smits, A Minor; William J. Smits, Jr., Individually, and as Parent and Next Friend of Ashley Marie Smits, A Minor, Appellants, v. DOW CHEMICAL COMPANY; Steam Services, Inc.; Rofan Services, Inc.; [PUBLISHED] EPCO, Inc. of Indiana, doing business as DowElanco, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided January 22, 1998.

Attorney(s) appearing for the Case

Bobby Davidson, Little Rock, AR (Bernard Whetston, Kevin Odum and Robert C. Compton, on the brief), for Appellants.

Robert D. MacGill, Indianapolis, IN, argued (Joseph G. Eaton, Stanley C. Fickle and William E. Padgett, Indianapolis, IN, Sammye L. Taylor and Troy A. Price, Little Rock, AR, on the brief) for Appellees Dow Chemical, Rofan Services, Inc. and Epco, Inc.

Michael J. Emerson, Little Rock, AR, argued (Robert L. Henry, III, on the brief), for Steam Services, Inc.

Before FAGG, BEAM, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

PER CURIAM.

Ashley Smits was born with severe birth defects. During her pregnancy, Ashley's mother had been exposed to Dursban LO (a pesticide) and Firefog 404 (a reoderant). Plaintiffs filed suit against various defendants contending that these chemical agents, either singly or in combination, were the cause of Ashley's abnormalities. Plaintiffs retained experts who were willing to testify that the mother's exposure to Dursban LO and Firefog 404 proximately caused...

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