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IN RE ORTHOPEDIC PRODUCTS LIAB. LITIGATION

No. 96-1704.

132 F.3d 152 (1997)

In re: ORTHOPEDIC "BONE SCREW" PRODUCTS LIABILITY LITIGATION (MDL No. 1014). William Michael RAY, Appellant, v. Robert L. EYSTER, M.D.; St. Joseph Medical Center, Inc.; Sofamor, Inc., a Foreign Corporation (D.C. Civil No. 95-cv-03865).

United States Court of Appeals, Third Circuit.

Decided December 22, 1997.

Attorney(s) appearing for the Case

Gary A. Eaton, (Argued,) Eaton & Sparks, Tulsa, OK and Green & Stites, Tulsa, OK, for Appellant.

David W. Steed, Turner & Boisseau, Wichita, KS, for Appellee Eyster.

Stephen S. Phillips, Philip H. Lebowitz (Argued) Pepper, Hamilton & Scheetz, Philadelphia, PA, for Appellee Sofamor, Inc.

BECKER, SCIRICA, and ROTH, Circuit Judges.

OPINION OF THE COURT

ROTH, Circuit Judge.

This appeal is a part of multi-district product liability litigation, involving manufacturers of orthopedic bone screw devices. The district court, sitting as the transferee court, imposed the ultimate sanction of dismissing plaintiff's suit with prejudice for failure to comply with discovery orders. Because we find that the district court lacked subject matter jurisdiction of the case, we must determine...

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