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JACOBS v. E.I. DU PONT DE NEMOURS & CO.

Nos. 93-4144, 93-5978 and 93-6561.

67 F.3d 1219 (1995)

Doris JACOBS and Phillip Jacobs (93-4144); Patricia A. Adelmann, et al. (93-5978/6561), Plaintiffs-Appellants, v. E.I. DU PONT DE NEMOURS & COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided October 19, 1995.

Attorney(s) appearing for the Case

Ronald S. Goldser (briefed), Barry G. Reed (argued), Zimmerman & Reed, Minneapolis, MN, David Looney, Blakemore, Meeker, Varian, Looney & Bowler, Akron, OH, for Plaintiffs-Appellants in No. 93-4144.

Laura Kingsley Hong, Robin G. Weaver, Squire, Sanders & Dempsey, Cleveland, OH, Nina M. Gussack, Pepper, Hamilton & Scheetz, Philadelphia, PA, Edward M. Mansfield (argued and briefed), Stephen M. Bressler, Lewis & Roca, Phoenix, AZ, for Defendant-Appellee in No. 93-4144.

David Randolph Smith (argued and briefed), Nashville, TN, for Plaintiffs-Appellants in Nos. 93-5978 and 93-6561.

Edward M. Mansfield (argued), Stephen M. Bressler (briefed), Lewis & Roca, Phoenix, AZ, Mark J. Patterson, Waddey & Patterson, Nashville, TN, for Defendant-Appellee in Nos. 93-5978 and 93-6561.

Before: RYAN and BOGGS, Circuit Judges; and ROSEN, District Judge.

ROSEN, District Judge.

This opinion consolidates the appeals of two actions filed against a common defendant — E.I. du Pont de Nemours & Co. ("Du Pont") — involving similar product liability claims. The claims arose from Du Pont's sale of materials used in an artificial cartilage replacement for the temporomandibular joint ("TMJ"), also known as the jaw joint, called the TMJ Interpositional Implant ("IPI"). The IPI was manufactured and distributed...

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