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MICHAELS v. AVITECH, INC.

No. 98-20851.

202 F.3d 746 (2000)

Norman MICHAELS; et al., Plaintiffs, Norman Michaels, Executor of Estates of Martin Popowitz and Harriet Loria Popowitz, Deceased, Plaintiff-Appellant, v. AVITECH, INC., also known as Harger Aviation, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 28, 2000.

Attorney(s) appearing for the Case

Arthur Alan Wolk, Catherine B. Slavin (argued), Wolk & Genter, Philadelphia, PA, for Plaintiff-Appellant.

William G. Harger (argued), Bradley Wayne Hoover, Erdos, Harger & Juravich, Sugar Land, TX, for Defendant-Appellee.

Before HIGGINBOTHAM and SMITH, Circuit Judges, and DUPLANTIER, District Judge.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This is a negligence action arising from the crash of a private plane. Norman Michaels appeals the striking of his experts and the grant of summary judgment in favor of Avitech, Inc. Although we find that the plaintiff's experts were improperly struck, we also find that no genuine questions of material fact exist, even considering all of the plaintiff's experts and reports. Thus we AFFIRM summary judgment in favor of the defendant...

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