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CONNELL v. LIMA CORPORATE

No. 19-35797.

988 F.3d 1089 (2021)

Jeffrey D. CONNELL; Janet Connell, Plaintiffs-Appellants, v. LIMA CORPORATE; Lima USA, Inc., an Indiana corporation, Defendants-Appellees, DJO Global, Inc., a Delaware corporation; Encore Medical LP, a Delaware corporation, Defendants-Intervenors.

United States Court of Appeals, Ninth Circuit.

Filed February 17, 2021.

Attorney(s) appearing for the Case

Eric S. Rossman (argued) and Erica S. Phillips , Rossman Law Group PLLC, Boise, Idaho; George E. McLaughlin , Warshauer McLaughlin Law Group, Denver, Colorado; for Plaintiffs-Appellants.

Stephen R. Thomas (argued) and Andrew J. Rosholt , Hawley Troxell Ennis & Hawley LLP, Boise, Idaho; Brian J. Hurst , Baker McKenzie, Dallas, Texas; for Defendants-Appellees.

Before: Johnnie B. Rawlinson, Mary H. Murguia, and Ryan D. Nelson, Circuit Judges.

OPINION

We are presented with a question of first impression: who qualifies as a biomaterials supplier under the Biomaterials Access Assurance Act ("BAAA"), 21 U.S.C. § 1601 et seq. We conclude, in light of the statutory text, context, and stated purpose, that Lima Corporate ("Lima") is a biomaterials...

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