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FUESTING v. ZIMMER, INC.

No. 04-2158.

448 F.3d 936 (2006)

Arthur W. FUESTING, Plaintiff-Appellee, v. ZIMMER, INC., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 22, 2006.

Attorney(s) appearing for the Case

Brent D. Holmes (argued), Jason M. Crowder, Heller, Holmes & Associates, Mattoon, IL, for Plaintiff-Appellee.

Steven L. Jackson (argued), Baker & Daniels, Fort Wayne, IN, for Defendant-Appellant.

Before FLAUM, Chief Judge, and EVANS and WILLIAMS, Circuit Judges.

WILLIAMS, Circuit Judge.

This opinion resolves plaintiff-appellee Fuesting's petition for rehearing and addresses the question of what relief the court of appeals has the power to award where there was prejudicial evidentiary error in the district court. Our August 30, 2005 decision in this case found prejudicial error in the district court's decision to admit Fuesting's expert testimony and remanded with instructions to enter judgment in favor of Zimmer. See Fuesting...

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