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ANGUIANO v. E.I. DU PONT DE NEMOURS & CO., INC.

Nos. 93-15401, 93-16559.

44 F.3d 806 (1995)

Consuelo ANGUIANO; Mariano Anguiano, husband and wife; Catherine Baker; Billy Baker, husband and wife; Joyce Barton, Individually; Inga Beavers; Joseph Beavers, husband and wife, et al., Plaintiffs-Appellants, v. E.I. DU PONT DE NEMOURS & COMPANY, INC., a Delaware corporation; Jack Kent; Jane Doe Kent, husband and wife; Theodore Kiersch; Jane Doe Kiersch, husband and wife; Edward Schneider; Jane Doe Schneider, husband and wife, Defendants-Appellees. Patricia CHRISTIANSEN, Plaintiff-Appellant, v. E.I. DU PONT DE NEMOURS & CO., INC., a Delaware corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 10, 1995.

Attorney(s) appearing for the Case

Carter Morey, Haralson, Kinerk & Morey, Tucson, AZ, for plaintiff-appellant Anguiano.

JoJene E. Mills, Norris & Mills, Phoenix, AZ, for plaintiff-appellant Christiansen.

Edward M. Mansfield, Lewis and Roca, Phoenix, AZ, for defendants-appellees.

Before: SKOPIL, NORRIS, and O'SCANNLAIN, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must decide whether a manufacturer has a duty to warn of a danger posed by material which is later used in a medical implant device.

I

Between 1978 and 1986, Consuelo Anguiano and twenty-one other appellants (collectively "Anguiano") had temporomandibular ("TMJ") implants placed in their jaws and subsequently suffered tissue reaction when the implants fragmented. The implants were constructed by Vitek, Inc., a company...

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