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THOMPSON v. GOETZMANN

No. 02-10198.

315 F.3d 457 (2002)

Tommy THOMPSON, Secretary, Department of Health & Human Services, Plaintiff-Appellant, v. Stephen GOETZMANN; et al., Defendants, Stephen Goetzmann; Bernice Loftin; Zimmer, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 17, 2002.

Attorney(s) appearing for the Case

Peter Angus Winn, Dallas, TX, Mark Bernard Stern, Alisa Beth Klein (argued), U.S. Dept. of Justice, Civ. Div.-App. Staff, Washington, DC, for Plaintiff-Appellant.

Stephen R. Goetzmann (argued), Dallas, TX, pro se and for Loftin.

Michael S. Elvin (argued), Baker & Daniels, Fort Wayne, IN, Daniel R. Roy, Matthew Ryan Gutwein, Baker & Daniels, Indianapolis, IN, for Zimmer, Inc.

Brian P. Quirk, Irwin, Fritchie, Urquhart & Moore, New Orleans, LA, Jerry P. Sattin, Alissa Pyrich, McCarter & English, Newark, NJ, for Advanced Medical Technology Ass'n, Amicus Curiae.

Nancy Jane Marshall, Anne B. Rappold, Duetsch, Kerrigan & Stiles, New Orleans, LA, Hugh F. Young, Jr., Product Liability Advisory Council, Reston, VA, for Product Liability Advisory Council, Inc., Amicus Curiae.

Before JOLLY, DUHÉ, and WIENER, Circuit Judges.

WIENER, Circuit Judge:

Plaintiff-Appellant Tommy Thompson, Secretary of the United States Department of Health & Human Services ("government") appeals from the district court's dismissal of complaints against (1) Defendant-Appellee Zimmer, Inc. ("Zimmer"), pursuant to FED.R.CIV.P. 12(b)(6), and (2) Defendant-Appellee Bernice Loftin and her attorney, Defendant-Appellee Stephen Goetzmann, by summary judgment in their favor. The government had filed suit against...

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