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KEMP v. MEDTRONIC, INC.

No. 99-3720.

231 F.3d 216 (2000)

Elizabeth and Clifford KEMP, Plaintiffs-Appellants, v. MEDTRONIC, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 1, 2000.

Attorney(s) appearing for the Case

Gregory M. Utter (argued and briefed), Louis Francis Gilligan (briefed), Keating, Muething & Klekamp, Cincinnati, OH, for Appellants.

Thomas M. Parker (argued and briefed), Sanjay K. Varma (briefed), Roetzel & Andress, Akron, OH, Karen A. Carroll (briefed), Roetzel & Andress, Cincinnati, OH, for Appellee.

Before: MOORE and GILMAN, Circuit Judges; McKEAGUE, District Judge.

McKEAGUE, D. J., delivered the opinion of the court, in which GILMAN, J., joined. MOORE, J. (pp. 237-38), delivered a separate concurring opinion.

OPINION

DAVID W. McKEAGUE, District Judge.

This appeal requires us to determine whether the Medical Device Amendments of 1976 ("MDA"), 21 U.S.C. §§ 360c et seq., to the Federal Food, Drug and Cosmetic Act, 21 U.S.C. §§ 301 et seq., preempt plaintiffs' common law and products...

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