Mr. & Mrs. Floyd Brock, Individually and as Next Friend of Rachel Brock, a Minor v. Merrell Dow Pharmaceuticals, Inc.
Court of Appeals for the Fifth Circuit
1Opinion of the Court
ON PETITION FOR REHEARING
Before GARZA, JOLLY, and JONES, Circuit Judges. PER CURIAM:
Appellees have filed a petition for rehearing en banc with regard to our prior disposition of this case, Brock v. Merrell Dow Pharmaceuticals, Inc., 874 F.2d 307, 308 (5th Cir.1989). Treating that petition as a petition for panel rehearing, we hereby modify our prior panel opinion.
At 313, we stated that “[w]e find, in this case, the lack of conclusive epidemiological proof to be fatal to the Brocks’ case.” We hereby change that sentence to read “[w]e find, in this case, the Brocks’ failure to present…
2Cases cited1 opinion
- Mr. And Mrs. Floyd Brock, Individually and as Next Friend of Rachel Brock, a Minor v. Merrell Dow Pharmaceuticals, Inc.Court of Appeals for the Fifth Circuit · 1989
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- In Re Paoli Railroad Yard Pcb LitigationCourt of Appeals for the Third Circuit · 1990
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