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TRANSUE v. AESTHETECH CORP.

No. 01-35733.

341 F.3d 911 (2003)

Lana Glenell TRANSUE, Plaintiff-Appellant, v. AESTHETECH CORP, Defendant, and Bristol-Myers Squibb Company, a Delaware corp; Medical Engineering, a Delaware corp, Surgitek, MEC Subsidiary Corp, a Wisconsin corp individually and as successor in interest to Surgitek Inc dba Surgitak, Mec Subsidiary Corp, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 27, 2003.

Attorney(s) appearing for the Case

Don Howarth, Los Angeles, California, for plaintiff-appellant and cross-appellee.

Suzelle M. Smith, Los Angeles, California, for plaintiff-appellant and cross-appellee.

Frederick D. Baker, San Francisco, California, for defendants-appellees and cross-appellants.

Michael F. Healy, San Francisco, California, for defendants-appellees and cross-appellants.

Before: DOROTHY W. NELSON and SIDNEY R. THOMAS, Circuit Judges, DEAN D. PREGERSON, District Judge.

Argued and Submitted April 10, 2003 — Seattle, Washington.

OPINION

D. PREGERSON, District Judge.

Plaintiff-Appellant Lana Transue ("Transue") appeals the district court's decision not to give jury instructions on strict liability in her suit against Defendants-Appellees Bristol-Myers Squibb Company and Medical Engineering Corporation, Inc. alleging a defective breast implant. The district court instead gave instructions on negligence, and...

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