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KLEIN v. DEPUY, INC.

No. 07-1493.

506 F.3d 553 (2007)

Thomas M. KLEIN and Annie J. Rice, Plaintiffs-Appellants, v. DePUY, INCORPORATED, DePuy Orthopaedics, Incorporated, and Johnson & Johnson, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided October 25, 2007.

Attorney(s) appearing for the Case

Michelle L. Kranz (argued), Zoll & Kranz, Toledo, OH, for Plaintiffs-Appellants.

Peter J. Rusthoven (argued), Barnes & Thornburg, Indianapolis, IN, for Defendants-Appellees.

Before EVANS, WILLIAMS, and SYKES, Circuit Judges.

EVANS, Circuit Judge.

In this products liability/personal injury suit, the defendants, DePuy Orthopaedics, Inc., DePuy, Inc., and Johnson & Johnson,1 contend that North Carolina law applies and that the case must be dismissed under its six-year statute of repose. The plaintiffs, Mitch Klein and Annie Rice (her derivative claim is only for loss of consortium so we'll refer only to "Klein" as we move through our opinion), maintain that...

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