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MARTIN v. TELECTRONICS PACING SYSTEMS, INC.

No. 94-4003.

105 F.3d 1090 (1997)

Ada M. MARTIN and Harold L. Martin, Plaintiffs-Appellants, v. TELECTRONICS PACING SYSTEMS, INC.; TPLC, Inc. d/b/a Telectronics Pacing Systems; Telectronics PTY Limited, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided January 31, 1997.

Attorney(s) appearing for the Case

Frank A. Ray (argued and briefed), Ray, Todaro & Alton, Terry L. Kilgore (briefed), Columbus, OH, for Plaintiffs-Appellants.

David C. Greer (briefed), Howard P. Krisher, Bieser, Greer & Landis, Dayton, OH, Michael J. Weber (argued), James A. Gale, Feldman, Gale & Weber, Miami, FL, for Defendants-Appellees.

Steven Glickstein (briefed), Kaye, Scholer, Fierman, Hays & Handler, New York City, for Health Industry Manufacturers Association, Amicus Curiae.

Before: KENNEDY and MOORE, Circuit Judges; JOHNSTONE, Senior District Judge.

KENNEDY, Circuit Judge.

In this products liability suit, plaintiffs, Ada and Harold Martin, appeal the District Court's summary judgment in favor of defendants, awarded largely on the basis of preemption under 21 U.S.C. § 360k(a) of the Medical Device Amendments of 1976 to the Federal Food, Drug and Cosmetic Act. We previously affirmed the judgment of the District Court. Martin v. Telectronics Pacing Sys., Inc.,...

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