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PACE v. STATE

No. 132, September Term, 2010.

38 A.3d 418 (2012)

425 Md. 145

Nicole PACE, as Mother and Next Friend of Liana Pace v. STATE of Maryland.

Court of Appeals of Maryland.

February 22, 2012.

Attorney(s) appearing for the Case

Philip J. Sweitzer, Baltimore, MD, for Petitioner.

William H. Fields, Asst. Atty. Gen. (Douglas M. Gansler, Atty. Gen. of Maryland, Baltimore, MD), on brief, for Respondent.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, ADKINS, BARBERA and JOHN C. ELDRIDGE, (retired, specially assigned), JJ.

GREENE, J.

The mother of a kindergarten student who suffered a serious allergic reaction after consuming peanut butter given to her under her school's free lunch program brought suit in the Circuit Court for Frederick County against the State of Maryland and its agents, alleging that the State's obligations under the National School Lunch Act, 42 U.S.C. §§ 1751-1769 (2006) ("NSLA") imposed upon the defendants a statutory duty of care to ensure that children...

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