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MILLER v. DIAMOND SHAMROCK CO.

No. 00-41341 Summary Calendar.

275 F.3d 414 (2001)

Rodney A. MILLER, Plaintiff-Appellant, v. DIAMOND SHAMROCK CO.; Diamond Shamrock Chemical Company, also known as Occidental Chemical Corporation; Dow Chemical Company; Monsanto Company; Uniroyal, Inc.; Hercules, Inc.; Thompson-Hayward Chemical Company, also known as Thompson Chemicals; T.H. Agriculture & Nutrition, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 30, 2001.

Attorney(s) appearing for the Case

Charles Benton Musslewhite, Newton Boris Schwartz, Sr., Houston, TX, for Plaintiff-Appellant.

Michael Mackin Gordon, Cadwalader, Wickersham & Taft, New York City, for Diamond Shamrock Co. and Diamond Shamrock Chemical Co.

Steven R. Brock, Rivkin, Radler & Kremer, Uniondale, NY, for Dow Chemical Co.

John Carl Sabetta, Seyfarth, Shaw, Fairweather & Geraldson, New York City, for Monsanto Co.

Myron Kalish, Parker, Duryee, Rosoff & Haft, New York City, for Uniroyal, Inc.

William Krohley, Kelley, Dyre & Warren, New York City, for Hercules Inc.

Lawrence Thomas D'Aloise, Clark, Gagliardi & Miller, White Plains, NY, for Thompson-Hayward Chemical Co. and T.H. Agriculture & Nutrition Co., Inc.

Before REYNALDO G. GARZA, BARKSDALE and STEWART, Circuit Judges.

REYNALDO G. GARZA, Circuit Judge:

This case is yet another episode in the great Agent Orange saga. In this appeal, we review the district court's decision to grant the defendants-appellees' motion for summary judgment where the decision was based exclusively on the military contractor defense. We also review the district court's decision to deny the plaintiffs-appellants' motion to remand the case to state court. Because we can find no error in the court's decisions...

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