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MOELLER v. GARLOCK SEALING TECHNOLOGIES, LLC

No. 09-5670.

660 F.3d 950 (2011)

Olwen MOELLER, Individually and as Executrix of the Estate of Robert L. Moeller, Plaintiff-Appellee, v. GARLOCK SEALING TECHNOLOGIES, LLC, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 28, 2011.

Rehearing and Rehearing En Banc Denied November 1, 2011.

Attorney(s) appearing for the Case

ARGUED: Cary Schachter , Schachter Harris, LLP, Dallas, Texas, for Appellant. John R. Shelton , Sales Tillman Wallbaum Catlett & Satterley, PLLC, Louisville, Kentucky, for Appellee. ON BRIEF: Cary Schachter , Schachter Harris, LLP, Dallas, Texas, John K. Gordinier , Ilam E. Smith , Pedley & Gordinier, PLLC, Louisville, Kentucky, for Appellant. John R. Shelton , Joseph D. Satterley , Sales Tillman Wallbaum Catlett & Satterley, PLLC, Louisville, Kentucky, for Appellee.

BATCHELDER, C.J., delivered the opinion of the court, in which GUY, J., joined. GUY, J. (pp. 956-58), delivered a separate concurring opinion. MOORE, J. (pp. 958-59), delivered a separate dissenting opinion.

OPINION

ALICE M. BATCHELDER, Chief Judge.

Defendant-Appellant Garlock Sealing Technologies, LLC, ("Garlock"), a manufacturer of industrial sealing products, appeals the district court's denial of its motion for judgment as a matter of law following a jury verdict against it. Because we conclude that the evidence is not sufficient to support the jury's verdict, we REVERSE.

I.

Robert Moeller ("Robert...

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