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CONDOS v. MUSCULOSKELETAL TRANSPLANT FOUNDATION

No. 2:00-CV-0190.

208 F.Supp.2d 1226 (2002)

Chris CONDOS, Chad Rex Condos, Brandon Keith Condos and Christine Condos, individually and acting on behalf of and as next friend for Chelsie Condos, Lacey Condos and Carly Condos, Plaintiffs, v. MUSCULOSKELETAL TRANSPLANT FOUNDATION, a non-profit organization, Osteotech, Inc. a New Jersey corporation, John Does I-X, inclusive; Jane Does I-X, and Doe Corporations, Partnerships, Joint Ventures and Governmental Agencies, I-XX, Defendants.

United States District Court, D. Utah, Central Division.

July 8, 2002.

Attorney(s) appearing for the Case

Douglas B Cannon, Fabian & Clendenin, Salt Lake City, UT, George L. Arnold, Jr, Evanston, WY, for Chris J. Condos, Chad Rex Condos, Brandon Keith Condos, Christene Condos, individually and acting on behalf of and as next friend for Chelsie Condos, Lacey Condos and Carly Condos, plaintiffs.

Robert G Wright, Michael P Zaccheo, Brandon B. Hobbs, Richards Brandt Miller & Nelson, Salt Lake City, UT, for Musculoskeletal Transplant Foundation, defendant.

Jay E. Jensen, Ray R. Christensen, Christensen & Jensen, Salt Lake City, UT, Patrick J. Feeley, John J. Lee, Dorsey & Whitney LLP, New York, NY, for Osteotech, Inc., defendant.

MEMORANDUM OPINION AND ORDER

BENSON, District Judge.

I. INTRODUCTION

The above-named plaintiffs filed this action against defendants Musculoskeletal Transplant Foundation ("MTF") and Osteotech, Inc. ("Osteotech") to recover damages for injuries allegedly caused by bone tissue that was implanted into plaintiff Chris Condos. Plaintiffs seek recovery under theories of strict products liability, breach of implied warranty, and negligence. Because plaintiffs...

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