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REEVES v. ACROMED CORP.

No. 96-30307.

103 F.3d 442 (1997)

Dorothy Marie REEVES, Plaintiff-Appellee-Cross-Appellant, Randy J. Ungar, Intervenor, v. ACROMED CORP. et al., Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

January 20, 1997.

Attorney(s) appearing for the Case

Darryl J. Tschirn, La Jolla, CA, for Dorothy Marie Reeves.

Mark Herrmann, Richard Irving Werder, Jr., Elizabeth Ann Shaver, Jones, Day, Reavis & Pogue, Cleveland, OH, B. Frank Davis, Bernard, Cassisa and Elliott, Metairie, LA, for AcroMed Corp. and Arthur Steffee.

Arthur Sheridan Patron, Jr., Brian Barry Rippel, Henican, James & Cleveland, Metairie, LA, for St. Paul Fire and Marine Ins. Co.

Donald R. Stone, Raymond B. Biagini, Larry R. Pilot, McKenna & Cuneo, Washington, DC, James M. Beck, Pepper, Hamilton & Scheetz, Philadelphia, PA, for Medical Device Mfrs. Ass'n, amicus curiae.

Before KING, JOLLY and DENNIS, Circuit Judges.

DENNIS, Circuit Judge:

This is the second appeal arising from a products liability action filed by the plaintiff-appellee, Dorothy Marie Reeves ("Reeves"), alleging that a metal bone implant manufactured and marketed by the defendant-appellant, AcroMed Corporation ("AcroMed") aggravated and compounded her back injuries. In the first appeal this court vacated the district court's judgment in favor of Reeves based on a jury verdict awarding her damages of $475,000 against...

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