Testo completo
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 08-30205
ROYAL FIBERGLASS POOLS INC
Plaintiff - Appellant
v.
POLY SOLUTIONS INC; ULTRA POLYMERS INC
Defendants - Appellees
Appeal from the United States District Court
for the Western District of Louisiana, Lafayette
Cause No. 6:06-CV-1666
Before KING, DENNIS, and ELROD, Circuit Judges.
PER CURIAM:*
The judgment of the district court is affirmed. Assuming, arguendo, that
sufficient proof of chalking was adduced, the district court correctly concluded
that the plaintiff-appellant failed to provide sufficient proof that the Ultra Poly
One Coat caused the chalking, having failed to rule out other possible causes.
The affidavit of a Florida pool contractor, not designated as an expert, will not
carry that load, particularly in view of the contractor’s recommendation that
further testing be done. AFFIRMED.
United States Court of Appeals
Fifth Circuit
F I L E D
December 9, 2008
Charles R. Fulbruge III
Clerk
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