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MATTINGLY v. MEDTRONIC, INC.

No. 4:06CV789 HEA.

466 F.Supp.2d 1170 (2006)

Nancy MATTINGLY and Terry M. Mattingly, Plaintiffs, v. MEDTRONIC, INC., Defendant.

United States District Court, E.D. Missouri, Eastern Division.

September 12, 2006.

Attorney(s) appearing for the Case

Lori Gail Cohen, Greenberg Traurig LLP, Atlanta, GA, Patrick Lysaught, Baker and Sterchi, Kansas City, MO, Robert Lawrence Purdy, Minneapolis, MN, for Medtronic, Inc., Defendant.

Dawn M. Mefford, Paul J. Passanante, Simon and Passanante, PC, St. Louis, MO, for Nancy Mattingly, Terry M. Mattingly, II, Plaintiffs.

OPINION, MEMORANDUM AND ORDER

AUTREY, District Judge.

This matter is before the Court on defendant's Motion to Dismiss Counts I, II, III, IV, VIII, IX, and X of Plaintiffs Complaint, [Doc. # 8]. Plaintiff opposes the motion. For the reasons set forth below, the Motion is denied in part and granted in part.

Facts and Background

Plaintiffs filed this wrongful death action under various theories of recovery seeking damages for...

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