Griffin v. Medtronic

FILED: May 27, 1997
PUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 94-1219
Catherine W. Griffin,
Plaintiff - Appellant,
versus
Medtronic, Incorporated,
Defendant - Appellee.
O R D E R
On April 30, 1996, this court affirmed in part and reversed in
part the district court's opinion granting Medtronic, Inc.'s motion
for summary judgment. See Griffin v. Medtronic, Inc., 82 F.3d 79
(4th Cir. 1996). The Supreme Court granted certiorari and vacated
this court's judgment for further consideration in light of
Medtronic, Inc. v. Lohr, 518 U.S. ___, 116 S. Ct. 2240 (1996). See
Griffin v. Medtronic, Inc. , ___ U.S. ___, 117 S. Ct. 939 (1997).
Expressing no opinion on the ultimate decision, and after re-
viewing Lohr and, as well, our decision in Duvall v. Bristol-Myers-
Squibb Co., 103 F.3d 324 (4th Cir. 1996), another case remanded to
us in view of Lohr, we think it better to remand as to each of the
five counts in the Griffin complaint, as named on page two of our
slip opinion in this case, and to require their reconsideration
under Lohr and Duvall, supra.
It is so ORDERED.
Entered at the direction of Senior Judge Michael, with the
concurrence of Judge Widener and Judge Motz.
______________________________
CLERK