Michael Anthony Kliebert, Plaintiff-appellant, v. the Upjohn Company, et al., Defendants-appellees, 923 F.2d 47 (5th Cir. 1991)

Annotate this Case
US Court of Appeals for the Fifth Circuit - 923 F.2d 47 (5th Cir. 1991) Jan. 22, 1991

C. John Caskey, Baton Rouge, La., for plaintiff-appellant.

John J. Weigel and Vivian L. Madison, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, La., for Upjohn Co.

Kathleen A. Manning and Henri Wolbrette, III, McGlinchey, Stafford, Cellini & Lang, New Orleans, La., for Pfizer, Inc.

Wm. F. Bologna, Habans & Bologna, New Orleans, La., for American Cyanamid Co., etc.

Joseph P. Gordon, Jr., Phillip C. Rouse, and Henry A. Alsobrook, Jr., Adams & Reese, New Orleans, La., for Bristol-Myers Co. and E.R. Squibb & Sons, Inc.

Appeal from the United States District Court for the Eastern District of Louisiana; Peter Beer, District Judge.

Before CLARK, Chief Judge, GEE, POLITZ, KING, JOHNSON, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHE, WIENER and BARKSDALE, Circuit Judges.


(Opinion October 12, 1990, 5 Cir., 1990, 915 F.2d 142)

BY THE COURT:

A member of the Court in active service having requested a poll on the suggestion for rehearing en banc and a majority of the judges in active service having voted in favor of granting a rehearing en banc,

IT IS ORDERED that this cause shall be reheard by the Court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs.

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.