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BIRDSONG v. APPLE, INC.

No. 08-16641.

590 F.3d 955 (2009)

Joseph BIRDSONG, Individually and on Behalf of Others Similarly Situated; Bruce Waggoner, Individually and on Behalf of Others Similarly Situated, Plaintiffs-Appellants, v. APPLE, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 30, 2009.

Attorney(s) appearing for the Case

Jeff D. Friedman, Berkeley, CA, for the plaintiffs-appellants.

David Bernick, New York, NY, for the defendant-appellee.

Before: J. CLIFFORD WALLACE, DAVID R. THOMPSON and SIDNEY R. THOMAS, Circuit Judges.

THOMPSON, Senior Circuit Judge:

Plaintiffs-appellants Joseph Birdsong and Bruce Waggoner (collectively, the "plaintiffs") filed a class action complaint claiming that defendant-appellee Apple, Inc.'s ("Apple") iPod is defective because it poses an unreasonable risk of noise-induced hearing loss to its users. The plaintiffs appeal the district court's dismissal of their third amended complaint. The district court determined...

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