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O'NEIL v. SIMPLICITY, INC.

No. 08-2278.

574 F.3d 501 (2009)

John O'NEIL; Jill O'Neil, on behalf of themselves and all others similarly situated, Appellants, v. SIMPLICITY, INC.; Graco Children's Products, Inc., Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 22, 2009.

Attorney(s) appearing for the Case

Elizabeth C. Pritzker, argued, San Francisco, CA, Eric H. Gibbs, Geoffrey A. Munroe, Amy Eskin and Charles C. Kelly III, San Francisco, CA, Vincent J. Esades, Dylan J. McFarland and Renae D. Steiner, Minneapolis, MN, on the brief, for appellant.

Joseph J. Krasovec, III, argued, Chicago, IL, Heide Dalenberg, Holly A. Podulka, Chicago, IL and John E. Connelly, Minneapolis, MN, on the brief, for appellee.

Before WOLLMAN, BRIGHT, and COLLOTON, Circuit Judges.

WOLLMAN, Circuit Judge.

John and Jill O'Neil appeal from the district court's1 dismissal with prejudice of their claims against Simplicity, Inc.,2 and Graco Children's Products, Inc. We affirm.

I.

The O'Neils purchased an Aspen 3-in-1 crib, manufactured by Simplicity and branded with Graco's name, for use by their grandchildren during family visits to their home. One side of the crib was designed...

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