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CHMIELEWSKI v. STRYKER SALES CORP.

Civil No. 4-95-783(JRT/RLE).

966 F.Supp. 839 (1997)

James CHMIELEWSKI and Sue Chmielewski, individually and as husband and wife, Plaintiffs, v. STRYKER SALES CORPORATION, Michigan corporation; and Osteonics Corporation, Defendants.

United States District Court, D. Minnesota.

June 17, 1997.

Attorney(s) appearing for the Case

Stephen S. Eckman, Kristen R. Rice, Eckman, Strandness & Egan, Minneapolis, MN, for plaintiffs.

William R. Stoeri, Dorsey & Whitney, Minneapolis, MN, for defendants.

MEMORANDUM OPINION AND ORDER ADOPTING IN PART AND REJECTING IN PART THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

TUNHEIM, District Judge.

Plaintiffs James and Sue Chmielewski filed this diversity action in September 1995 against defendants Stryker Sales Corporation and its subsidiary Osteonics Corporation, maker of the "Omni Fit" hip prosthesis. Plaintiffs alleged negligence and strict liability for design and manufacturing defects in the...

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