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CLIME v. DEWEY BEACH ENTERPRISES, INC.

Civ. A. Nos. 92-279, 92-367 MMS.

831 F.Supp. 341 (1993)

John P. CLIME, Plaintiff, v. DEWEY BEACH ENTERPRISES, INC., d/b/a Rusty Rudder Restaurant, Defendant and Third-Party Plaintiff, Copp's Seafood, Defendant and Third-Party Defendant.

United States District Court, D. Delaware.

August 20, 1993.

Attorney(s) appearing for the Case

Marla Rosoff Eskin, of Jacobs & Crumplar, Wilmington, DE (Michael D. Fishbein of Levin, Fishbein, Sedran & Berman, Philadelphia, PA, of counsel), for plaintiff.

Michael P. Joseph of Ferry, Joseph & Fink, P.A., Wilmington, DE (Donald C. Allen, of Allen, Johnson, Alexander & Kapp, Baltimore, MD, of counsel), for defendant and third-party plaintiff.

Roy S. Shiels of Brown, Shiels & Chasanov, Dover, DE, for defendant and third-party defendant.

OPINION

MURRAY M. SCHWARTZ, Senior District Judge.

I. INTRODUCTION

Plaintiff John P. Clime became ill after eating clams in the Rusty Rudder Restaurant located at Dewey Beach, Delaware. Thereafter, he brought suit, sounding in negligence and breach of implied warranty of merchantability against Dewey Beach Enterprises, Inc. d/b/a Rusty Rudder Restaurant ["Rusty Rudder"] and the supplier of the clams, Copp's Seafood. The Rusty...

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