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MEARS v. MARSHALL

9307-04839; CA A85078.

909 P.2d 212 (1996)

138 Or. App. 476

Janice M. MEARS, Appellant, v. William R. MARSHALL, M.D., and Collagen Corporation, Respondents.

Court of Appeals of Oregon.

Decided January 3, 1996.

Attorney(s) appearing for the Case

Maureen Leonard and Kathryn H. Clarke, Portland, for petition.

Before RIGGS, P.J., and LANDAU and LEESON, JJ.

On Appellant's Motion for Reconsideration November 17, 1995.

LEESON, Judge.

Plaintiff moves for reconsideration of our decision in Mears v. Marshall, 137 Or.App. 390, 905 P.2d 1154 (1995), in which we held that plaintiff's common law and tort claims against the manufacturer of a medical device were preempted by the Medical Device Amendments (MDA) of 1976 to the Food, Drug and Cosmetics...

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