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BYLSMA v. BURGER KING CORP.

No. 10-36125.

706 F.3d 930 (2013)

Edward J. BYLSMA, Plaintiff-Appellant, v. BURGER KING CORPORATION, a Florida corporation; Kaizen Restaurants, Inc., an Oregon corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Withdrawn Pending Certification to Washington Supreme Court January 11, 2012.

Submitted February 12, 2013.

Attorney(s) appearing for the Case

Danford Duncan Grant & Darrin E. Bailey, Bailey Onsager, P.C., Anne M. Bremner & James Taylor Yand, Stafford Frey Cooper, Seattle, WA, for Plaintiff-Appellant.

Gary M. Bullock, Gary M. Bullock and Associates, P.C., Barry Goehler, Law Office of Barry J. Goehler, Portland, OR, for Defendants-Appellees.

Before: M. MARGARET McKEOWN and RICHARD C. TALLMAN, Circuit Judges, and BARRY T. MOSKOWITZ, District Judge.

OPINION

TALLMAN, Circuit Judge:

Plaintiff-Appellant Edward J. Bylsma appealed from a final judgment on the pleadings dismissing his diversity action against Defendants-Appellees Burger King Corp. and Kaizen Restaurants, Inc. (together, "Burger King"). Bylsma's complaint stemmed from a March 24, 2009, encounter during which two employees of a Burger King restaurant in Vancouver, Washington, served Bylsma a hamburger tainted with a glob of saliva later traced...

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