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BARNES v. KERR CORP.

Nos. 04-5546, 04-5663.

418 F.3d 583 (2005)

Dr. David E. BARNES, Plaintiff-Appellant/Cross-Appellee, v. THE KERR CORPORATION, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 11, 2005.

Attorney(s) appearing for the Case

ARGUED: James M. Love, Gassaway & Love, Tulsa, Oklahoma, for Appellant. Michael Zaleski, Quarles & Brady, Madison, Wisconsin, for Appellee. ON BRIEF: James M. Love, Gassaway & Love, Tulsa, Oklahoma, Robert E. Reeves, Law Offices of Robert E. Reeves, Lexington, Kentucky, for Appellant. Michael Zaleski, Quarles & Brady, Madison, Wisconsin, David B. Bartel, Patrick S. Nolan, Quarles & Brady, Milwaukee, Wisconsin, J. Stanley Rogers, Rogers & Duncan, Manchester, Tennessee, for Appellee.

Before: CLAY, GILMAN, and COOK, Circuit Judges.

OPINION

GILMAN, Circuit Judge.

This is a products liability case brought by David E. Barnes, a practicing dentist, against the Kerr Corporation, a provider of dental amalgams (commonly known as "silver fillings") that contain mercury, copper, tin, and silver. Barnes claims that, during a 13-year period ending in June or July of 1999, he and his staff were exposed to toxic mercury vapors when removing old fillings and inserting new ones, and that Kerr's amalgams...

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