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BROOKS v. HOWMEDICA, INC.

No. 00-1188.

236 F.3d 956 (2001)

Carol Jean BROOKS, Appellant, St. Luke's Hospital, Intervenor below, v. HOWMEDICA, INC., a Delaware Corporation, Division of Pfizer Hospital Products Group, Inc.; Pfizer, Inc.; Howmedica International, Ltd., Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: January 10, 2001.

Attorney(s) appearing for the Case

Adam M. Samaha, Minneapolis, MN, argued (Gary L. Wilson and Randall Tietjen, on the brief), for appellant.

Cynthia F. Gilbertson, Minneapolis, MN, argued (Cooper S. Ashley and Laurie A. Kindel, on the brief), for appellees.

Before MURPHY, HEANEY, and BYE, Circuit Judges.

BYE, Circuit Judge.

This appeal requires us to assess the preemptive power of the Medical Device Amendments of 1976 (MDA), Pub.L. No. 94-295, 90 Stat. 539 (codified in various sections of 21 U.S.C. and 26 U.S.C.), in view of the Supreme Court's recent decision in Medtronic, Inc. v. Lohr, 518 U.S. 470, 116 S.Ct. 2240, 135 L.Ed.2d 700 (1996).

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In the late 1960s...

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