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BROOKS v. MEDTRONIC, INC.

No. 83-2223.

750 F.2d 1227 (1984)

Walter R. BROOKS, Jr., Appellant, v. MEDTRONIC, INC., a corporation, Appellee, Association of Trial Lawyers of America, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided December 21, 1984.

Attorney(s) appearing for the Case

Joseph G. Wright, III, Anderson, S.C. (Ernest C. Trammell, Wright & Trammell, Anderson, S.C., on brief), for appellant.

William M. Grant, Jr., Greenville, S.C. (Edwin B. Parkinson, Jr., Haynsworth, Perry, Bryant, Marion & Johnstone, Greenville, S.C., on brief), for appellee.

Ellis I. Kahn, Solomon, Kahn, Smith & Baumil, Charleston, S.C., David S. Shrager, President, Association of Trial Lawyers of America, Pittsburgh, Pa., on brief, for amicus curiae.

Before HALL, MURNAGHAN and CHAPMAN, Circuit Judges.

MURNAGHAN, Circuit Judge:

Walter R. Brooks, Jr. appeals from a final judgment entered by the district court on a jury verdict in favor of Medtronic, Inc. Brooks allegedly suffered injuries when his Medtronic cardiac pacemaker failed shortly after it was implanted. Believing Medtronic's pacemaker defective, Brooks brought a products liability action. On appeal Brooks contends that the district court did not properly instruct the jury on the scope of the manufacturer...

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