Legal Opinion

Michael Anthony Kliebert v. The Upjohn Company

Court of Appeals for the Fifth Circuit

Decided October 12, 1990No. 89-3406PublishedCited by 28 opinions

1Opinion of the Court

ON PETITION FOR REHEARING

Before BROWN, JOLLY and DAVIS, Circuit Judges. W. EUGENE DAVIS, Circuit Judge:

After considering the petition for rehearing, the original opinion we filed in this case on July 19, 1990, is withdrawn and the following is substituted in its place.

*144Michael Kliebert (Kliebert) challenges the subject matter jurisdiction of the district court and alternatively the merits of the district court’s order granting the defendants’ motions for summary judgment. We conclude that the district court had no jurisdiction and vacate its order.

I

Michael Kliebert brought this products…

2Cases cited12 opinions

  1. Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
  2. Horton v. Liberty Mutual InsuranceSupreme Court of the United States · 1961
  3. Grubbs v. General Electric Credit Corp.Supreme Court of the United States · 1972
  4. Charlie Gaitor v. Peninsular & Occidental Steamship Company, Blue Steamship Company, and Shaw Brothers Shipping CompanyCourt of Appeals for the Fifth Circuit · 1961
  5. Debra Kidd v. Southwest Airlines, Co.Court of Appeals for the Fifth Circuit · 1990

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3Cited by28 opinions

  1. Jacqueline Burns v. Windsor Insurance Co.Court of Appeals for the Eleventh Circuit · 1994
  2. De Aguilar v. Boeing Co.Court of Appeals for the Fifth Circuit · 1995
  3. Helen W. ANGUS, Appellant, v. SHILEY INC.Court of Appeals for the Third Circuit · 1993
  4. Asociacion Nacional De Pescadores a Pequena Escala O Artesanales De Colombia (Anpac) v. Dow Quimica De Colombia S.A.Court of Appeals for the Fifth Circuit · 1993
  5. In the Matter of Shell Oil CompanyCourt of Appeals for the Seventh Circuit · 1992

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