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NATIONAL BANK OF COMMERCE v. DOW CHEMICAL CO.

No. 98-1200.

165 F.3d 602 (1999)

NATIONAL BANK OF COMMERCE, OF EL DORADO, ARKANSAS, guardian of the estate (only) of Matthew Nolan Arnold, a minor; Michael David Arnold, Individually, and as parent and next friend of Matthew Nolan Arnold, a minor, Appellants. v. DOW CHEMICAL CO.; Rofan Services, Inc.; Epco, Inc., of Indiana, doing business as Dowelanco; Chevron Chemical Company; Ciba Geigy Corp.; Bengal Chemical Company; United Industries Corporation; John Does # 1-10, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided January 11, 1999.

Rehearing and Rehearing Denied February 16, 1999.

Attorney(s) appearing for the Case

Bobby D. Davidson, Little Rock, AR, argued for Appellant.

D. Keith Fortner, Little Rock, AR, argued (G. Spence Fricke, Little Rock, AR, on the brief), for Appellee CIBA Geigy Corp.

Jon M. Moyers, St. Louis, MO, argued (J. William Newbold and Dudley Von Holt, St. Louis, MO, on the brief) for Appellee United Industries Corp.

Edward M. Slaughter, Arkadelphia, AR, argued for Appellee Bengal Chemical Inc.

Louis C. Woolf, Knoxville, TN, argued (Sammye L. Taylor and Don S. McKinney, Little Rock, AR, on the brief) for Appellee Chevron Chemical.

Joseph G. Eaton, Indianapolis, IN, argued (William E. Padgett and Dean T. Barnhard, Indianapolis, IN, on the brief) for Appellee EPCO, Inc., Dow Chemical Co. and Rofan Services, Inc.

Before RICHARD S. ARNOLD, BEAM, and HANSEN, Circuit Judges.

Rehearing and Rehearing En Banc Denied February 16, 1999.

BEAM, Circuit Judge.

Representatives of Matthew Nolan Arnold, and his father Michael David Arnold (the Arnolds), appeal an adverse grant of summary judgment on their claims against several chemical companies. The district court1 granted summary judgment in favor of Dow Chemical Co., Rofan Services, Inc. and Epco, Inc. because the evidence showed that their product had not...

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