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MEMORIAL HERMANN HEALTH v. EUROCOPTER DEUTSCHLAND

No. 07-40994 Summary Calendar.

524 F.3d 676 (2008)

MEMORIAL HERMANN HEALTHCARE SYSTEM, INC.; United States Aviation Underwriters, Inc.; as Managers for United States Aircraft Insurance Group, Plaintiffs-Appellants, v. EUROCOPTER DEUTSCHLAND, GMBH, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 11, 2008.

Attorney(s) appearing for the Case

Kenneth H. Laborde, Gieger, Laborde & Laperouse, New Orleans, LA, for Plaintiffs-Appellants.

Michael Vance Powell, Locke, Lord, Bissell & Liddell, LLP, Dallas, TX, Stephen C. Johnson, Carrie Kienholz Flynn, Nixon Peabody, San Francisco, CA, for Defendant-Appellee.

Before WIENER, GARZA, and BENAVIDES, Circuit Judges.

BENAVIDES, Circuit Judge.

Memorial Hermann Healthcare Systems, Inc. ("Memorial Hermann") and United States Aviation Underwriters, Inc. ("USAU") appeal the dismissal of their post-sale negligence claim against Eurocopter Deutschland ("Eurocopter"). Memorial Hermann and USAU (collectively, "Appellants") claim that the district court erred when it refused to carve out an exception for post-sale negligence claims to Texas's economic loss rule. For the reasons below, we...

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