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SCHAAF v. CATERPILLAR, INC.

No. A1-02-50.

286 F.Supp.2d 1070 (2003)

David & Alvira SCHAAF, individually, and David Schaaf as Personal Representative of, the Estate of Jacob Schaaf, Plaintiffs, v. CATERPILLAR, INC., Defendant.

United States District Court, D. North Dakota, Southwestern Division.

September 19, 2003.

Attorney(s) appearing for the Case

Irvin B. Nodland, Nodland Law Offices, Bismarck, ND, for Plaintiffs.

M. Daniel Vogel, Vogel Law Firm, Fargo, ND, Monte Lane Rogneby, Vogel Law Firm, Bismarck, ND, Mark L. Tripp, Bradshaw, Fowler, Proctor & Fairgrave, PC, Des Moines, IA, for Defendant.

ORDER GRANTING IN PART MOTION TO EXCLUDE TESTIMONY OF PLAINTIFFS' EXPERT WITNESS REGARDING ADEQUATE WARNINGS

HOVLAND, Chief Judge.

Before the Court is the Defendant's Motion to Exclude Plaintiffs' Expert, Cletus Schertz, Pursuant to Federal Rules of Evidence 104, 410-403, 702, and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993). The Defendant, Caterpillar Inc., seeks...

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