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CAMPBELL v. ETHEX CORP.

No. 1:05CV00096.

413 F.Supp.2d 738 (2006)

Hope CAMPBELL, et al., Etc., Plaintiffs, v. ETHEX CORPORATION, et al., Defendants.

United States District Court, W.D. Virginia, Abingdon Division.

February 7, 2006.

Attorney(s) appearing for the Case

Eunice P. Austin, Gentry Locke Rakes & Moore LLP, Roanoke, VA, for Plaintiffs.

Jill D. Jacobson, Moran Kiker Brown PC, Richmond, VA, for Defendants.

OPINION

JONES, Chief Judge.

In this products liability case brought under Virginia substantive law, the defendants have moved to dismiss on the ground that the complaint does not allege that notice of the defect in the product was given to the seller. Because I hold that a motion to dismiss is not the proper method of raising this issue, I have orally denied the motion and this opinion more fully explicates...

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