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MEARS v. MARSHALL

9307-04839; CA A85078.

944 P.2d 984 (1997)

149 Or. App. 641

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

Court of Appeals of Oregon.

Decided September 10, 1997.

Attorney(s) appearing for the Case

Maureen Leonard, Portland, argued the cause for appellant. With her on the briefs was Kathryn H. Clarke.

Janet Schroer, Portland, argued the cause for respondent William R. Marshall, M.D. With her on the brief was Hoffman, Hart & Wagner.

Joe W. Redden, Jr., Houston, TX, argued the cause for respondent Collagen Corporation. With him on the brief were Eric J. Neiman, Portland, Tooze Duden Creamer Frank & Hutchinson, Curt Webb and Beck, Redden & Secrest, Houston, TX.

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

LEESON, Judge.

The Oregon Supreme Court remanded this case for further consideration in the light of Medtronic, Inc. v. Lohr, 518 U.S. ___, 116 S.Ct. 2240, 135 L.Ed.2d 700 (1996), which was decided by the United States Supreme Court after our decision in Mears v. Marshall, 137 Or.App. 390, 905 P.2d 1154 (1995), on recons. 138 Or.App. 476

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