United States Fifth Circuit

Where plaintiffs aver that the allegedly defective product was not defective as to them, they have not demonstrated an injury in fact to themselves, and thus do not have a justiciable case or controversy under Article III of the Constitution. (Revised opinion).

Appellate Information

• Decided 02/22/2002
• Published 02/22/2002

Judges

• JERRY E. SMITH, Circuit Judge:, Before SMITH and EMILIO M. GARZA, Circuit Judges, and CUMMINGS, District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Michael A. Lee (argued), Neal Stuart Manne, Susman Godfrey, Houston, TX, for Arkansas Carpenters Health and Welfare Fund.


• For Appellees:
  
• Arthur Sadin,Provost, Umphrey, Youngdahl & Sadin, Friendswood, TX, for Plaintiffs-Appellees., Harvey Lee Kaplan (argued), Michael Lee Koon, Shana J. Long, Shook, Hardy & Bacon, Kansas City, MO, Michael R. Klatt, Susan Elizabeth Burnett, Clark, Thomas & Winters, Austin, TX, for Defendants-Appellants.