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NANCY'S PRODUCT, INC. v. FRED MEYER

No. 10732-9-III.

61 Wn. App. 645 (1991)

811 P.2d 250

NANCY'S PRODUCT, INC., Respondent, v. FRED MEYER, INC., Petitioner.

The Court of Appeals of Washington, Division Three.

June 18, 1991.

Attorney(s) appearing for the Case

F. Joe Falk, Jr., and Walters, Whitaker, Finney & Falk, for petitioner.

David H. Putney and Putney Law Offices, for respondent.

THOMPSON, J.

Fred Meyer, Inc., seeks discretionary review of the denial of its summary judgment motion to dismiss the lawsuit brought by Nancy's Product, Inc. (Nancys). The denial was conditioned upon reduction of any judgment Nancys recovered by the amount awarded Bette Bergin in a prior lawsuit. We affirm the denial of summary judgment but reverse the setoff condition.

Nancys was incorporated in Washington in...

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