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MUNIZ CORTES v. INTERMEDICS, INC.

No. 99-2193.

229 F.3d 12 (2000)

Pedro MUÑIZ CORTES and the estate of Clotilde Diaz Sustache, composed by Pedro Angel MuÑiz Diaz, Luis MuÑiz Diaz, Jose Ismael MuÑiz Diaz, Maria Antonia MuÑiz Diaz, Maria Elena MuÑiz Diaz, Lydia Maria MuÑiz Diaz, Jorge M. MuÑiz Diaz, Miriam MuÑiz Caban, and Diana MuÑiz Caban, Plaintiffs, Appellants, v. INTERMEDICS, INC., Sulzer Intermedics, Inc., ABC Company and XYZ Insurance Company, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided October 3, 2000.

Attorney(s) appearing for the Case

Ulpiano Falcón Matos, with whom Roberto Rafols Dávila was on brief for appellants.

Joseph J. Leghorn, with whom Maria De Los A. Garay and Manuel E. Andreu Garcia were on brief for appellees.

Before SELYA, Circuit Judge, BOWNES, Senior Circuit Judge, and STAHL, Circuit Judge.

BOWNES, Senior Circuit Judge.

Plaintiff-appellants Pedro Muniz Cortes and the estate of Clotilde Diaz Sustache appeal from the district court's order of summary judgment dismissing claims against defendant-appellees. We affirm.

I.

On December 14, 1994, Clotilde Diaz Sustache had a pacemaker surgically implanted at the Hospital Bella Vista in Mayaguez, Puerto Rico. The pacemaker was manufactured by Intermedics. After this pacemaker failed, a second...

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