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FOURNIER v. MARIGOLD FOODS, INC.

Civ. No. 3-88-2.

678 F.Supp. 1420 (1988)

William L. FOURNIER, as Trustee for the Heirs and Next of Kin of Kathleen Thoennes/Swanson, Decedent, Plaintiff, v. MARIGOLD FOODS, INC., Defendant.

United States District Court, D. Minnesota, Third Division.

February 22, 1988.

Attorney(s) appearing for the Case

Michael J. Healey, St. Paul, Minn., for plaintiff.

Jerome B. Pederson and Michael A. Trittipo, Fredrikson & Byron, Minneapolis, Minn., for defendant.

ORDER DENYING SUMMARY JUDGMENT STRIKING PRAYER FOR PUNITIVE DAMAGES DENYING RULE 11 SANCTIONS

DEVITT, District Judge.

The principal issue here is whether Minnesota's wrongful death statute properly may be invoked in a diversity action brought by the California trustee of a deceased California resident who allegedly consumed death-causing contaminated ice cream in Minnesota manufactured by the Minnesota defendant.

Plaintiff alleges decedent, while...

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