District Court, S.D. West Virginia June 23, 1999, Civ.A. No. 2:95-1098 (Henley v. FMC Corp.)

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are Defendant FMC Corporation’s (FMC) motion for a new trial; (2) Plaintiffs’ “Rule”1 2to strike FMC’s notice of *341newly discovered evidence; and (3) Plaintiffs’ motion to strike the two affidavits of Charles Spann. The Court GRANTS the motion for new trial and DENIES Plaintiffs’ motions.2

I.