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IN RE ORTHOPEDIC BONE SCREW PRODUCTS

No. 02-3978.

350 F.3d 360 (2003)

In re: ORTHOPEDIC BONE SCREW PRODUCTS LIABILITY LITIGATION (MDL No. 1014) Daniel Fanning, on behalf of himself and all others similarly situated; Margaret Schmerling, on behalf of herself and all others similarly situated v. AcroMed Corporation; Gibralter National Insurance (Intervenor in District Court) (D.C. Civil No. 97-cv-00381) Joyce Custer, Robert Deniken, Rebecca Hill, Marie Wells Iacono, Katherine D. Morris and Brenda Willette, Appellants.

United States Court of Appeals, Third Circuit.

Filed November 24, 2003.

Attorney(s) appearing for the Case

Brian S. Wolfman, (Argued), Public Citizen Litigation Group, Washington, for Appellants.

Arnold Levin, Fred S. Longer, Levin, Fishbein, Sedran & Berman, Philadelphia, John J. Cummings, III, Cummings, Cummings & Dudenhefer, New Orleans, for Appellees, Plaintiffs' Class and Plaintiffs' Legal Committee.

Richard I. Werder, Jr. (Argued), Jones Day, North Point, Cleveland, for Appellee, AcroMed Corporation.

Before SCIRICA, Chief Judge, RENDELL and AMBRO, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Chief Judge.

At issue is application of an indemnification clause in a $100 million Fed.R.Civ.P. 23(b)(1)(B) class action settlement involving class members implanted with orthopedic bone screws. This is an appeal of a District Court order permitting defendant AcroMed Corporation to be indemnified, with money from a fixed settlement fund, for costs associated with related individual cases. We will affirm.

I.

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