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FITZGERALD v. ADVANCED SPINE FIXATION SYSTEMS, INC.

No. 97-50563.

182 F.3d 296 (1999)

Ken FITZGERALD, doing business as Performance Orthopaedics, Plaintiff-Appellant, v. ADVANCED SPINE FIXATION SYSTEMS, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 21, 1999.

Attorney(s) appearing for the Case

Mark C. Walker, Mounce, Green, Myers, Safi & Galatzan, El Paso, TX, for Plaintiff-Appellant.

Matthew Robert Muth, Houston, TX, for Defendant-Appellee.

Before POLITZ, SMITH and DUHÉ, Circuit Judges.

POLITZ, Circuit Judge:

The undisputed facts of this case are relatively straightforward. Ken Fitzgerald, doing business as Performance Orthopaedics, was dismissed from a products liability suit because, although Fitzgerald sold some of the allegedly defective spinal fixation devices, he did not sell the devices which were implanted in the plaintiffs. Fitzgerald subsequently sought indemnification from the manufacturer of the allegedly defective products, Advanced...

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