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NATIONAL BANK OF COMMERCE v. ASSOCIATED MILK PROD.

No. 98-2851.

191 F.3d 858 (1999)

NATIONAL BANK OF COMMERCE (of El Dorado, Arkansas), Conservator of the Estate (only) of John McDougal; John McDougal, Individually; Appellants; v. ASSOCIATED MILK PRODUCERS, INC.; Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: September 10, 1999.

Rehearing and Rehearing Denied October 19, 1999.

Attorney(s) appearing for the Case

Bobby B. Davidson, Little Rock, AK, argued (Bernard Whetstone, Robert C. Compton, on the brief), for appellant.

Terry Frank Wynne, Pine Bluff, AK, argued (Neal Adams, on the brief), for appellee.

Before: BOWMAN, Chief Judge, and HEANEY, Circuit Judge, and LONGSTAFF, District Judge.

Rehearing and Rehearing En Banc Denied October 19, 1999.

HEANEY, Circuit Judge.

The sole question before us on appeal is whether the district court abused its discretion in refusing to admit into evidence plaintiff John McDougal's proffered expert testimony that he developed laryngeal cancer as a result of exposure to aerosolized milk containing aflatoxin M-1 (AFM) in a cheese plant at which he was employed for a period of fifteen months. Although the question...

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