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WADE v. DANEK MEDICAL, INC.

No. 98-2036.

182 F.3d 281 (1999)

Jeannette WADE; Edwin Wade, Plaintiffs-Appellants, v. DANEK MEDICAL, INCORPORATED; Sofamor, Incorporated; Sofamordanek Group, Incorporated; Sofamor, S.N.C.; Warsaw Orthopedic, Incorporated, Defendants-Appellees, and American Academy of Orthopedic Surgeons; North American Spine Society; Scoliosis Research Society; Zimmer, Incorporated; Danek Capital Corporation; Danek Sales Corporation; Buckman Company, Incorporated; Norex USA, Incorporated; National Medical Specialty, Incorporated; Stuart, Incorporated; Eduardo Luque; Paul McAfee; Roger P. Jackson; David Bradford; Yves Cotrel; Jean Dubousset; Harry Shufflebarger; R. Geoffrey Wilber; Charles E. Johnston, II; Richard Ashman, Ph.D.; Gary Lowery; George Rapp; Ensor Transfeldt; Hansen Yuan; John A. Herring; John P. Barrett; Thomas Whitecloud, III; Thomas A. Zdeblick; Texas Scottish Rite Hospital For Crippled Children; GICD-USA; Groupe International Cotreldubousset;Acromed Corporation, Charter Number 614043; Acromed Corporation, Charter Number 816942; Acromed Research and Development Corporation; Acromed Spine Research Foundation, Incorporated; Acromed Incorporated, Charter Number 811415; Acromed Incorporated, Charter Number 816943; Acromed Holding Corporation, Charter Number 811416; Ace Medical Company; Advanced Spine Fixation Systems, Incorporated; Cross Medical Products; Depuy-Motech, Incorporated; Howmedica, Incorporated and Its Parent Pfizer, Incorporated; Scientific Spinal; Smith & Nephew Richards, Incorporated; Synthes, U.S.A.; Synthes, Incorporated; Synthes North America, Incorporated; Synthes, A.G. Chur; Advanced Biosearch Associates; Spinal Science Advancement Foundation; Health Industry Manufacturer's Association; Orthopedic Surgical Manufacturers Association; Spinal Implant Manufacturers Group; Youngwood Medical Specialties, Incorporated; Hansen Yuan, M.D.; Richard W. Treharne, Ph.D; Ermon R. Pickard; Stuart Medical Incorporated, formerly known as Stuart Drug and Surgical Supply, Incorporated, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided July 2, 1999.

Attorney(s) appearing for the Case

ARGUED: Thomas J. Byrne, Cummings, Cummings & Dudenhefer, New Orleans, Louisiana, for Appellants. Gary Joseph Spahn, Mays & Valentine, L.L.P., Richmond, Virginia, for Appellees. ON BRIEF: John J. Cummings, III, Frank C. Dudenhefer, Jr., Cummings, Cummings & Dudenhefer, New Orleans, Louisiana; William C. Lane, Masselli & Lane, P.C., Arlington, Virginia, for Appellants. Dabney J. Carr, IV, Mays & Valentine, L.L.P., Richmond, Virginia; George Lehner, Pepper Hamilton, L.L.P., Washington, D.C., for Appellees.

Before ERVIN, LUTTIG, and TRAXLER, Circuit Judges.

Affirmed by published opinion. Judge LUTTIG wrote the opinion, in which Judge ERVIN and Judge TRAXLER joined.

OPINION

LUTTIG, Circuit Judge:

Jeannette and Edwin Wade appeal the district court's decision to grant summary judgment against them in this diversity action on the ground that the statute of limitations on their action was not equitably tolled during the pendency of federal class actions against some of the same defendants. Because we conclude...

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