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MARTIN v. AMERICAN MEDICAL SYSTEMS, INC.

No. 96-1627.

116 F.3d 102 (1997)

John M. MARTIN, Sr., Plaintiff-Appellant, v. AMERICAN MEDICAL SYSTEMS, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 19, 1997.

Attorney(s) appearing for the Case

ARGUED: David Michael Deutsch, David M. Deutsch, Co., L.P.A., Dayton, Ohio, for Appellant. Barbara Ann Williams, Wright, Robinson, Osthimer & Tatum, Richmond, Virginia, for Appellee. ON BRIEF: Mark D. Brynteson, David & Brynteson, P.C., Chesapeake, Virginia, for Appellant.

Before HALL and MURNAGHAN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Vacated and remanded by published opinion. Judge K.K. HALL wrote the opinion, in which Judge MURNAGHAN and Senior Judge BUTZNER joined.

OPINION

K.K. HALL, Circuit Judge:

John M. Martin appeals a summary judgment entered for defendant American Medical Systems in Martin's personal injury suit. In light of a recent controlling decision of the Supreme Court, we vacate the judgment and remand.

I.

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