MITCHELL v. COLLAGEN CORP.

No. 94-3946.

126 F.3d 902 (1997)

Barbara MITCHELL and Gregory Mitchell, Plaintiffs-Appellants, v. COLLAGEN CORPORATION, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 23, 1997.


Attorney(s) appearing for the Case

David Cerven, Joseph E. Costanza, Sr., Burke, Murphy, Costanza & Cuppy, East Chicago, IN, Michael M. Essmyer, Essmyer & Tritico, Houston, TX, Clinard Hanby, The Woodlands, TX, Brian Wolfman (argued), Public Citizen Litigation Group, Washington, DC, for Plaintiff-Appellant.

Gregory J. Tonner, Jon F. Schmoll, Spangler, Jennings & Dougherty, Merrillville, IN, Keith A. Jones, Joe W. Redden, Jr. (argued), Beck, Redden & Secrest, Houston, TX, Robert Neil Weiner, Steve J. Boom, Arnold & Porter, Washington, DC, Hugh Young, Product Liability Advisory Counsil, Inc., Reston, VA, for Amicus Curiae.

Before CUDAHY, RIPPLE and KANNE, Circuit Judges.


RIPPLE, Circuit Judge.

This case is before the court on remand from the Supreme Court of the United States. The Court has directed us to reconsider our earlier decision in light of the Court's intervening decision in Medtronic, Inc. v. Lohr, ___ U.S. ___, 116 S.Ct. 2240, 135 L.Ed.2d 700 (1996). See Mitchell v. Collagen Corp., ___ U.S. ___, 116 S.Ct. 2576, 135 L.Ed.2d 1091 (1996) (granting certiorari, vacating our judgment and remanding for consideration...

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