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SAWTELL v. E.I. DU PONT DE NEMOURS AND CO., INC.

No. 92-2208.

22 F.3d 248 (1994)

Sarah Ashby SAWTELL, Plaintiff-Appellant, v. E.I. DU PONT DE NEMOURS AND COMPANY, INC., a Delaware Corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

April 19, 1994.

Attorney(s) appearing for the Case

John W. Boyd (Joseph Goldberg, with him on the briefs) of Freedman, Boyd, Daniels, Peifer, Hollander, Guttmann & Goldberg, Albuquerque, NM, for plaintiff-appellant.

Kenneth L. Harrigan (Kathryn D. Lucero of Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, NM, Barry Fish and Janet Napolitano of Lewis and Roca, Phoenix, AZ, with him on the briefs) of Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, NM, for defendant-appellee.

Before ANDERSON, TACHA and BRORBY, Circuit Judges.

BRORBY, Circuit Judge.

Sarah Ashby Sawtell appeals from a summary judgment for the defendant E.I. du Pont de Nemours and Company ("DuPont"). Her complaint in this diversity action alleged claims in products liability. The corpus of her claims was that DuPont manufactured polymers inappropriately used in temporomandibular joint prostheses causing a foreign body reaction. The foreign body reaction resulted in bone degeneration, extreme pain, and five operations for...

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