Court of Appeals for the Fifth Circuit January 25, 1990, No. 89-4388 (Bernhardt ex rel. Bernhardt v. Richardson-Merrell, Inc.)

EDITH H. JONES, Circuit Judge:

From an adverse summary judgment in this products liability case based upon a mother’s ingestion of Bendectin during pregnancy, the plaintiffs appeal. We hold that the district court properly granted summary judgment by excluding an untimely-filed controverting affidavit. 723 F.Supp. 1188.