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MICHAEL v. SHILEY, INC.

No. 94-1496.

46 F.3d 1316 (1995)

Nina MICHAEL, Appellant, v. SHILEY, INC.; Hospital Products Group, Inc., (Formerly Howmedica, Inc.); Pfizer, Inc.

United States Court of Appeals, Third Circuit.

Decided February 7, 1995.

Attorney(s) appearing for the Case

Gary Green (Argued), Sidkoff, Pincus & Green, Morton B. Wapner, David Kuritz, Wapner, Newman & Wigrizer, Philadelphia, PA, for appellant.

David Klingsberg (Argued), Maris Veidemanis, Kaye, Scholer, Fierman, Hays & Handler, New York City, John W. Frazier, IV, James A. Willhite, Jr., Montgomery, McCracken, Walker & Rhoads, Philadelphia, PA, for appellees.

BEFORE: STAPLETON, HUTCHINSON and GARTH, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge:

This appeal requires that we determine how the Medical Devices Amendments of 1976, which amended the Food, Drug and Cosmetic Act of 1938, 21 U.S.C. § 360-360rr, allocates authority between the states and the Food and Drug Administration. To be precise, we must decide whether 21 U.S.C. § 360k pre-empts Nina Michael's state law causes of action for negligent manufacture and design, strict product liability...

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