King v. Dalkon Shield Trust ( 1998 )

UNPUBLISHED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.
_________________________________________________________________
Reversed by unpublished per curiam opinion.
_________________________________________________________________
COUNSEL
ARGUED: James Francis Szaller, BROWN & SZALLER, CO.,
L.P.A., Cleveland, Ohio, for Appellants. Orran Lee Brown, Sr., Rich-
mond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).
_________________________________________________________________
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 presump-
tion 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.
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