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BALDERSTON v. MEDTRONIC SOFAMOR DANEK, INC.

No. 01-2589.

285 F.3d 238 (2002)

Richard A. BALDERSTON, M.D., Appellant, v. MEDTRONIC SOFAMOR DANEK, INC.; Acromed Corporation.

United States Court of Appeals, Third Circuit.

Filed: April 3, 2002.

Attorney(s) appearing for the Case

Paul R. Rosen, (Argued), David B. Picker, Nancy Abrams, Michael C. Wagner, Spector Gadon & Rosen, Philadelphia, PA, Attorneys for Appellant.

Philip H. Lebowitz, Pepper Hamilton, Philadelphia, PA, Attorney for Appellee, Medtronic Sofamor Danek, Inc.

Mark Herrmann, (Argued), John Q. Lewis, Jones Day Reavis & Pogue, Cleveland, OH, Luis A. Bove, Bodell Bove Grace & Van Horn, Philadelphia, PA, Attorneys for Appellee, Acromed Corporation.

Before: SCIRICA, GREENBERG and BRIGHT, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

This is an appeal in a diversity case from an order dismissing a physician's deceptive marketing claim under the Pennsylvania Unfair Trade Practices and Consumer Protection Law (CPL) for lack of standing. We will affirm.

I.

Richard Balderston is a Philadelphia orthopedic surgeon who specializes in spinal surgery. Medtronic Sofamor Danek, Inc. and Acromed Corp. manufacture a device commonly known...

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