King v. Dalkon Shield Trust

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

In Re: A. H. ROBINS COMPANY, INCORPORATED, Debtor.

DEBBIE KING; VALERIA GRIFFIN;

No. 98-1395

SYLVIA JOHNSON, Claimants-Appellants,

v.

DALKON SHIELD CLAIMANTS TRUST, Trust-Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert R. Merhige, Jr., Senior District Judge; Blackwell N. Shelley, Bankruptcy Judge. (CA-85-1307-R)

Argued: June 4, 1998 Decided: August 17, 1998 Before WIDENER, HAMILTON, and MICHAEL, Circuit Judges.

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Reversed by unpublished per curiam opinion.

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COUNSEL

ARGUED: James Francis Szaller, BROWN & SZALLER, CO., L.P.A., Cleveland, Ohio, for Appellants. Orran Lee Brown, Sr., Richmond , Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

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OPINION PER CURIAM:

The claimants in this case have chosen binding arbitration under the Claims Resolution Facility in effect in this case. They say that their injuries are listed in Exhibit A to the Claims Resolution Facility, and if their injuries are so listed, the question is, should the presumption we decided to give effect in Reichel v. Dalkon Shield Claimants Trust, 109 F.3d 965 (4th Cir. 1997), apply?

We are of opinion that the presumption does apply in this case in binding arbitration.

The order of the district court appealed from is accordingly REVERSED.