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CUPEK v. MEDTRONIC, INC.

No. 04-3201.

405 F.3d 421 (2005)

Ethel CUPEK, et al., Plaintiffs-Appellants, v. MEDTRONIC, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 21, 2005.

Attorney(s) appearing for the Case

ARGUED: Joseph M. Callow, Jr., Keating, Muething & Klekamp, Cincinnati, Ohio, for Appellants. Thomas M. Parker, Parker, Leiby, Hanna & Rasnick, Akron, Ohio, for Appellee. ON BRIEF: Joseph M. Callow, Jr., Louis Francis Gilligan, Gregory M. Utter, Jason M. Cohen, Keating, Muething & Klekamp, Cincinnati, Ohio, for Appellants.

Before: KENNEDY, MOORE, and SUTTON, Circuit Judges.

OPINION

KENNEDY, Circuit Judge.

Plaintiffs appeal the district court's denial of leave to amend their complaint in this product liability action and the grant of summary judgment to Defendant Medtronic, Inc. based on this court's earlier decision in Kemp v. Medtronic, Inc., 231 F.3d 216 (6th Cir.2000), dismissing similar claims. We affirm the district court.

BACKGROUND

Plaintiffs collectively sued...

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