BRADLEY v. BROWN

No. 94-2467.

42 F.3d 434 (1994)

Cherrye BRADLEY, et al., Plaintiffs-Appellants, v. Pickens BROWN, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided December 13, 1994.


Attorney(s) appearing for the Case

Terrence L. Smith (argued), Julie R. Fouts, Smith & Debonis, East Chicago, IN, for Cherrye L. Bradley, Frances Roy.

Kenneth E. Nowak, Thom W. Kramer (argued), Buoscio, Pera, Kramer & Nowak, Merrillville, IN, for Pickens Brown, Kill Co.

Before COFFEY, PRATT, and FLAUM, Circuit Judges.


FLAUM, Circuit Judge.

Plaintiffs Frances Roy and Cherrye Bradley, along with two others, instituted this diversity action seeking recovery from The Kill Company, a sole proprietorship operated by the defendant Pickens Brown ("Brown"). The plaintiffs allege that Brown negligently applied pesticides at their place of employment, causing their injuries, including respiratory and other physiological problems. During a bench trial, the district court excluded the plaintiffs...

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