CURTIS v. M&S PETROLEUM, INC.

No. 97-60685.

174 F.3d 661 (1999)

Mike CURTIS, et al., Plaintiffs, Michael Craft; Troy Luster; Bob Harris; Terry Nevels; Larry Oakes, Plaintiffs-Counter Defendants-Appellants, Cynthia Craft; Jeanette Luster; Shari Nevels, Plaintiffs-Appellants, v. M&S PETROLEUM, INC.; Donald Mullins, Defendants-Counter Claimants-Appellees, Barrett Refining Corporation; E.I. DuPont De Nemours and Company, doing business as DuPont Speciality Chemicals, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 13, 1999.


Attorney(s) appearing for the Case

Landman R. Teller, Jr., B. Blake Teller, Frank Campbell, Teller, Chaney, Hassell & Hopson, Vicksburg, MS, for Plaintiffs-Counter Defendants-Appellants and Plaintiffs-Appellants.

Ernest G. Taylor, Jr., Jackson, MS, for Mullins and M&S Petroleum, Inc.

Silas Wood McCharen, Jackson, MS, for Barrett Refining Corporation.

Raymond Michael Ripple, Donna L. Goodman, Wilmington, DE, Terrence K. Knister, New Orleans, LA, for E.I. DuPont De Nemours and Company Incorporated.

Before DAVIS, SMITH and WIENER, Circuit Judges.


W. EUGENE DAVIS, Circuit Judge:

In this toxic tort case, Plaintiffs, a number of refinery workers and their wives, allege that they were exposed to excessive amounts of benzene due to the intentional and negligent actions of Defendants and that this exposure caused numerous health problems. The district court excluded the testimony of Plaintiffs' expert witness that was proffered to establish the causal link between Plaintiffs' health problems and exposure to excessive...

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