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GOLDMAN v. FOOD LION, INC.

Civ. A. No. 2:94cv870.

879 F.Supp. 33 (1995)

Marion G. GOLDMAN, Plaintiff, v. FOOD LION, INC., Defendant.

United States District Court, E.D. Virginia, Norfolk Division.

March 1, 1995.

Attorney(s) appearing for the Case

Louis B. Fine, Lewis Allen, Fine, Fine, Legum & Fine, Virginia Beach, VA, for plaintiff.

Robert W. McFarland, David M. Young, McGuire, Woods, Battle & Boothe, Norfolk, VA, for defendant.

OPINION AND ORDER

PRINCE, United States Magistrate Judge.

I. Nature of the Case

This action arose when plaintiff bit into a portion of a peach pit contained in a can of peaches she purchased from defendant, causing injury to her teeth, mouth, and throat. Plaintiff claims that the presence of the pit was a breach of the implied warranty of fitness for human consumption made by defendant as a retailer. Plaintiff originally filed the...

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