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GRIGGS v. E.I. DUPONT DE NEMOURS & CO.

No. 03-1985.

385 F.3d 440 (2004)

Joseph D. GRIGGS, Plaintiff-Appellee, v. E.I. DUPONT DE NEMOURS & COMPANY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: September 29, 2004.

Attorney(s) appearing for the Case

ARGUED: Raymond Michael Ripple, E.I. Du Pont de Nemours & Company, Wilmington, Delaware, for Appellant. Michael Murchison, Murchison, Taylor & Gibson, P.L.L.C., Wilmington, North Carolina, for Appellee. ON BRIEF: David F. Dabbs, McGuirewoods, L.L.P., Richmond, Virginia; Donna L. Goodman, E.I. Du Pont de Nemours & Company, Wilmington, Delaware, for Appellant.

Before WILKINS, Chief Judge, and NIEMEYER and TRAXLER, Circuit Judges.

Affirmed in part, vacated in part, and remanded by published opinion. Judge TRAXLER wrote the majority opinion, in which Judge NIEMEYER joined. Chief Judge WILKINS wrote a concurring and dissenting opinion.

OPINION

TRAXLER, Circuit Judge:

At the heart of this case, which is before us for a second time, see Griggs v. E.I. DuPont de Nemours & Co., 237 F.3d 371 (4th Cir.2001) ("Griggs I"), are questions...

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