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ESPOSITO v. HOME DEPOT U.S.A., INC.

No. 08-2115.

590 F.3d 72 (2009)

Robert ESPOSITO, Plaintiff, Appellant, v. HOME DEPOT U.S.A., INC., Black & Decker Inc., Dewalt Industrial Tool Co., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided December 30, 2009.

Attorney(s) appearing for the Case

Thomas More Dickinson, with whom Law Office of Thomas M. Dickinson was on brief, for appellant.

C. Russell Bengtson, with whom Carroll Kelly & Murphy was on brief, for appellees.

Before LIPEZ and HOWARD, Circuit Judges, and WOODCOCK, District Judge.

HOWARD, Circuit Judge.

In this diversity action involving a products liability claim, Robert Esposito challenges the district court's decision to grant summary judgment to the defendants, Dewalt Industries, Black & Decker, and Home Depot. Esposito argues on appeal that the case was improperly removed to federal court and that the district court erroneously precluded his expert witness. We reject the argument based on improper removal, but we agree that, in the...

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